PEOPLE v. PEREZ (2021)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Alex PEREZ, Appellant.

No. 45 SSM 5

Decided: March 30, 2021

Hug Law PLLC, Albany (Matthew C. Hug of counsel), for appellant. P. David Soares, District Attorney, Albany (Emily Schultz of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Any error was harmless because, in the circumstances presented, the proof of defendant's guilt was overwhelming, even after excising the disputed evidence. Further, no reasonable possibility exists that admission of that evidence contributed to defendant's conviction (see People v. Mairena, 34 N.Y.3d 473, 484–485, 121 N.Y.S.3d 731, 144 N.E.3d 340 [2019]; People v. Crimmins, 36 N.Y.2d 230, 237, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787 [1975]). Defendant's arguments concerning the weight of the evidence and the harshness of his sentence are not reviewable, and his other assertions are unavailing.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

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