| People v Romero |
| 2016 NY Slip Op 03212 [27 NY3d 981] |
| April 28, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 15, 2016 |
| The People of the State of New York, Respondent, v Anthony Romero, Also Known as Robert Rosa, Appellant. |
Decided April 28, 2016
People v Romero, 123 AD3d 1147, affirmed.
Lynn W.L. Fahey, Appellate Advocates, New York City (Patricia Pazner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed. Defendant's pre-Miranda statement, while in custody, in response to a detective's question regarding whether he would like [*2]to make a statement should have been suppressed. However, the error in failing to suppress the statement was harmless beyond a reasonable doubt in light of the overwhelming evidence against defendant and there being no reasonable possibility that his statement contributed to the verdict (see People v Rivera, 57 NY2d 453, 456 [1982]). Additionally, there is record support for Supreme Court's decision to deny defendant's motion to suppress the showup identification (see People v Clark, 85 NY2d 886 [1995]), and that decision is beyond our further review.
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.