New York Court of Appeals
The People of the State of New York v. Felix Almestica, Respondent the People of the State of New York v. George…
July 5, 197742 N.Y.2d 222
Summary
The Court held that the admission of evidence obtained from an unlawful search was harmless because the victim’s independent eyewitness testimony was uncontradicted and conclusive, reversing the Appellate Division’s reversal and remanding for further fact review. Judge Cooke dissented, arguing the harmless error test was not met and the convictions should be vacated.