People State New York v. Humphrey Perez

[36 N.Y.2d 848 Page 849] Where proof of guilt is overwhelming, non-constitutional trial error is prejudicial and, hence, reversible, only if, upon the People's evidence viewed by the fact finders as credible, there is a significant probability that the jury would have acquitted the defendant had it not been for the error which occurred. (People v Crimmins, 36 N.Y.2d 230.) Here, the totality of the proof against the defendant, including an inculpatory written statement and oral admissions, held as a matter of law to be voluntary, fingerprint evidence placing him at the victim's residence, the claimed murder weapon, other physical evidence and defendant's own admission of presence at the scene, points inexorably to guilt and, if otherwise accepted by those empowered to review the facts, is, under the Crimmins standard, overwhelming.