Appellate Division of the Supreme Court of New York, 1976

People v. Donovan

Appellate Division of the Supreme Court of New York · Decided November 5, 1976

54 A.D.2d 1076; 388 N.Y.S.2d 756; 1976 N.Y. App. Div. LEXIS 15046

Opinion of the Court

Judgment unanimously affirmed. Memorandum: While we believe that the court should have permitted the proper testimony by the brother, failure to receive it was harmless in view of the overwhelming proof of defendant’s guilt revealed in this record. (People v Crimmins, 36 NY2d 230.) (Appeal from judgment of Onondaga County Court—rape first degree and other charges.) Present.—Cardamone, J. P., Simons, Mahoney, Dillon and Goldman, JJ.

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