Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
PEOPLE of the State of New York, Plaintiff-Respondent, v. Douglas LITTLE, Defendant-Appellant.
Supreme Court properly permitted an undercover officer to testify that he had met with defendant on a prior occasion; that testimony was relevant with respect to the limited issue of identification (see, People v. Ventimiglia, 52 N.Y.2d 350, 359, 438 N.Y.S.2d 261, 420 N.E.2d 59). We agree with defendant, however, that the court erred in permitting the officer to testify concerning the purpose of the prior meeting. That testimony was not relevant to the issue of identification and was highly prejudicial (see, People v. Pena-Martinez, 206 A.D.2d 858, 614 N.Y.S.2d 850, lv. denied 84 N.Y.2d 938, 621 N.Y.S.2d 535, 645 N.E.2d 1235). The admission of the officer's testimony concerning the purpose of the prior meeting is harmless error, however, because the evidence of defendant's guilt is overwhelming and there is no significant probability that defendant otherwise would have been acquitted (see, People v. Crimmins, 36 N.Y.2d 230, 241-242, 367 N.Y.S.2d 213, 326 N.E.2d 787).
Judgment unanimously affirmed.
MEMORANDUM:
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: December 27, 2000
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)