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1
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OPINION
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EXTRACTED KEY WORDS
RESPONDENT APPEALS MEMORANDUM APPELLATE DIVISION CPL CONVICTIONOF PENAL LAW CONCEDE WITNESS NY2D JUDGE CONVICTIONOF MURDER CRIMINAL POSSESSION WEAPON JUDGEMENT DIRECT EXAMINATION REVIEW DEMONSTRATED OVERWHELMING EVIDENCE GUILT VERDICT STEADMAN VILLARDI CHIEF JUDGE KAYE JUDGES TITONE BELLACOSA SMITH LEVINE CIPARICK WESLEY CONCUR |
THE PEOPLE &C., RESPONDENT, v. ANTHONY D. PRESSLEY, APPELLANT. (APPEAL NO. 2)
91 N.Y.2d 825, 689 N.E.2d 525, 666 N.Y.S.2d 555 (1997).
November 20, 1997
4 No. 237
(97 NY Int. 0197)
Decided November 20, 1997
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Esther Cohen Lee, for appellant.
Timothy P. Fitzgerald, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. Defendant
appeals from an order of the Appellate Division which affirmed an
order of County Court that denied defendant's motion under CPL 440.10
to set aside his convictionof murder in the second degree (Penal
Law 125.25(2)) and criminal possession of a weapon in the fourth
degree (Penal Law 265.01(2)).
The People concede that they failed to provide a record of judgment of
conviction of a witness called by the People at trial ( see, CPL
240.45(1)(b)). In addition, the People concede that the witness in
question testified untruthfully about his criminal record during his
direct examination. Upon our review of the record, which demonstrated
overwhelming evidence of defendant's guilt, we conclude that there is
no reasonable possibility that either error contributed to the jury's
verdict ( see, People v Steadman, 82 NY2d 1, 9; People v Villardi,
76 NY2d 67, 77).
* * * * * * * * * * * * * * * * *
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone,
Bellacosa, Smith, Levine, Ciparick and Wesley concur.
Decided November 20, 1997
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