People v. Monaco

Birns, J. (dissenting).

I cannot accept the majority’s conclusion that a new trial is warranted because of prejudicial errors occasioned by rulings of the trial court with respect to the admission of certain testimony. In the face of the substantial evidence of defendant’s guilt, the errors, if any, must be considered harmless and did not deny defendant a fair trial (People v Garcia, 72 AD2d 356, 358, affd 52 NY2d 716; see, generally, Harmless Error: The Need For A Uniform Standard, 53 St Johns L Rev 541). Defendant’s conviction for the *515crime of manslaughter in the second degree should be…