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PEOPLE v. MORRIS

2407, 4358/10.

145 A.D.3d 474 (2016)

2016 NY Slip Op 08183

41 N.Y.S.3d 715

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TASHEEM MORRIS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 6, 2016.

Even though the court should have excluded evidence that, during a phone conversation shortly before the homicide, the victim told his brother that defendant had stared at him, causing him to fear that something bad was going to happen, the error was harmless (see People v Crimmins, 36 N.Y.2d 230 [1975]). There was overwhelming evidence of defendant's guilt, and other evidence established both the fact of the "staring" incident and...

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