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PEOPLE v. HOLMES

6990, 392/13, 2588/13.

162 A.D.3d 585 (2018)

80 N.Y.S.3d 252

2018 NY Slip Op 04821

The People of the State of New York, Respondent, v. Jerome Holmes, Appellant.

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

Decided June 28, 2018.

Error, if any, in the receipt of DNA evidence was harmless, under the standard for constitutional error, in light of the overwhelming non-DNA evidence of defendant's guilt (see People v Crimmins, 36 N.Y.2d 230 [1975]).

The motion court correctly declined to preclude a recorded telephone call that defendant made while detained before trial. Defendant's challenge to the admissibility...

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