People v. Buza

Peradotto, J.P., and Scudder, J.

(dissenting). Although we agree with the majority that County Court erred in failing to preclude the testimony regarding defendant’s statement to the police explaining where his own room was located in the residence because the People’s CPL 710.30 notice did not include that statement, we do not agree on this record that the error requires reversal of the judgment of conviction and a new trial. We respectfully dissent because, in our view, the error was harmless, and therefore the judgment should be affirmed.

The record does not support the majority’s conclusion…