People v Burdine

People v Burdine 2017 NY Slip Op 03436 Decided on April 28, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 28, 2017
PRESENT: SMITH, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ. (Filed Apr. 28, 2017.)
MOTION NO. (32/17) KA 14-00996.

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

ROMMEL BURDINE, ALSO KNOWN AS ROMELL BURDINE, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

Motion for reargument granted in part and, upon reargument, the memorandum and order entered February 10, 2017 (147 AD3d 1471) is amended by deleting the fourth sentence of the second paragraph of the memorandum, and by deleting the first sentence of the second paragraph of the memorandum, and replacing the first sentence with the following sentence: "We conclude, however, that the error is harmless inasmuch as the evidence of defendant's guilt is overwhelming, and there is no reasonable possibility that the admission of the text messages might have contributed to defendant's conviction (see generally People v Crimmins, 36 NY2d 230, 237)."