Legal Opinion

People v. Barrett

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 1990Published

1Opinion of the Court

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered December 12, 1988, upon a verdict convicting defendant of the crimes of burglary in the first degree and assault in the third degree.

Contrary to defendant’s contention, County Court properly considered those factors necessary to determine a Sandoval motion (see, People v Sandoval, 34 NY2d 371) and properly exercised its discretionary power in so doing (see, People v Blim, 58 AD2d 672). Furthermore, given the overwhelming proof of guilt, the admissions at most could be considered harmless error (see,…

2Cases cited5 opinions

  1. People v. SandovalNew York Court of Appeals · 1974
  2. People v. ShieldsNew York Court of Appeals · 1978
  3. People v. HochbergAppellate Division of the Supreme Court of the State of New York · 1978
  4. People v. DanaherAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. BlimAppellate Division of the Supreme Court of the State of New York · 1977

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