People v. Marvin Byer


AD1 order dated November 3, 2011, affirming judgment of conviction. Decision below: 89 A.D.3d 456, 931 N.Y.S.2d 619. Lippman, Ch.J., granted leave July 16, 2012.

ISSUE PRESENTED: Whether the Appellate Division correctly held that the trial court’s erroneous admission of evidence, including the defendant’s statement that he had killed 9 people before this incident, constituted harmless error. (Assigned counsel: Bruce Austern & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)

Correctness of Appellate Division's determination that admission of defendant's statement that he had killed 9 other people was harmless error