People v. Flecha

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The People concede that defendant’s written and oral statements were taken in violation of defendant’s right to counsel as thereafter declared in People v Samuels (49 NY2d 218). The question before us is whether their introduction at trial can be regarded as “harmless beyond a reasonable doubt” (People v Almestica, 42 NY2d 222, 226; People v Crimmins, 36 NY2d 230, 242).

The evidence is overwhelming that defendant’s killing of his brother-in-law, Santos Cruz, was intentional and not in self-defense. The fight…