People v. Cadogan

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1970-06-01
Citations: 34 A.D.2d 959, 1970 N.Y. App. Div. LEXIS 4646, 313 N.Y.S.2d 651
Copy Citations
1 Citing Case
Lead Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated June 9, 1969, which, inter alia, denied the application without a hearing. Order affirmed. Defendant’s application to vacate his 1956 conviction was based upon a conceded Bruton error during his trial. In our opinion the direct proof of defendant’s guilt was so overwhelming that there was no “ reasonable possibility that the evidence

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complained of mig'ht have contributed to the conviction ”; hence, “ the Bruton error must be characterized as harmless ” (People v. Baker, 26 N Y 2d 169, 174). Christ, P. ,J., Munder, Martuseello, Latham and Kleinfeld, JJ., concur.