People v. Smith

OPINION OF THE COURT

Smith, J.

The issue here is whether the trial court erred in denying defendant’s motion for a mistrial where a nontestifying witness’ statement was inadvertently included on the back of a trial exhibit provided to the jury. We conclude that the strong curative instruction from the court and overwhelming proof of defendant’s guilt render any error harmless beyond a reasonable doubt.

At about 4:30 a.m. on August 30, 1998, Robert Drummond and Malik Robertson were seated in a car near Burt Street in Syracuse, New York. A masked person, wearing a black hooded sweatshirt and…