People v Perez
2021 NY Slip Op 01936 [36 NY3d 1093]
March 30, 2021
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2021


[*1]
The People of the State of New York, Respondent,
v
Alex Perez, Appellant.

Decided March 30, 2021

People v Perez, 183 AD3d 934, affirmed.

APPEARANCES OF COUNSEL

Hug Law PLLC, Albany (Matthew C. Hug of counsel), for appellant.

P. David Soares, District Attorney, Albany (Emily Schultz of counsel), for respondent.

{**36 NY3d at 1093} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Any error was harmless because, in the circumstances presented, the proof of defendant's guilt was overwhelming, even after excising the disputed evidence. Further, no reasonable possibility exists that admission of that evidence contributed to defendant's{**36 NY3d at 1094} conviction (see People v Mairena, 34 NY3d 473, 484-485 [2019]; People v Crimmins, 36 NY2d 230, 237, 241-242 [1975]). Defendant's arguments concerning the weight of the evidence and the harshness of his sentence are not reviewable, and his other assertions are unavailing.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson 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.