People v. Muldrow
Opinion of the Court
Judgment unanimously affirmed. Memorandum: County Court properly denied the motion of defendant to suppress evidence seized
We reject defendant’s contention that the court erred in determining that a prosecution witness was competent to provide sworn testimony. “The resolution of the issue of witness competency is exclusively the responsibility of the trial court”, and the court’s determination should be sustained where, as here, there is no “ ‘clear abuse of discretionary power’ ” (People v Parks, 41 NY2d 36, 46).
Although the court erred in admitting two hearsay statements, the error is harmless; the proof of defendant’s guilt is overwhelming and there is no significant probability that defendant otherwise would have been acquitted (see, People v Crimmins, 36 NY2d 230, 242). (Appeal from Judgment of Monroe County Court, Egan, J. — Murder, 2nd Degree.) Present — Green, J. P., Hayes, Kehoe and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.