PEOPLE v. ROMERO

No. 120 SSM 5

27 N.Y.3d 981 (2016)

51 N.E.3d 554

2016 NY Slip Op 03212

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ROMERO, Also Known as ROBERT ROSA, Appellant.

Court of Appeals of New York.

Decided April 28, 2016.


Attorney(s) appearing for the Case

Lynn W.L. Fahey, Appellate Advocates, New York City (Patricia Pazner of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Defendant's pre-Miranda statement, while in custody, in response to a detective's question regarding whether he would like to make a statement should have been suppressed. However, the error in failing to suppress the statement was harmless beyond a reasonable doubt in light of the overwhelming evidence against defendant and there being no reasonable possibility...

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