People v. Gooljar

Appeal by defendant from a judgment of the County Court, Rockland County, rendered June 26, 1980, convicting him of burglary in the third degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The defendant urges, and the People concede, that the statement of the defendant taken subsequent to the execution of the arrest warrant was admitted in error under People v Samuels (49 NY2d 218). The question is whether the introduction of the statement into evidence was harmless error. There can be little doubt…