People v Kirton

Holding The appellate court affirmed the conviction for second-degree murder and criminal possession of a weapon, finding that the defendant’s statements were voluntary and the evidence was sufficient. Although the court found an error in admitting a SIM card due to a broken chain of custody, it deemed the error harmless given the overwhelming proof of guilt.

The court’s words

the police had probable cause to arrest the defendant based on interviews, surveillance video, cell phone data, and license plate readers

2026 NY Slip Op 05326, at the official text

the police strategy of making false representations to him about the nature of the evidence that they had against him did not render his statements involuntary

2026 NY Slip Op 05326, at the official text

the People failed to establish a complete chain of custody for the SIM card that was allegedly obtained by the police from the defendant's girlfriend

2026 NY Slip Op 05326, at the official text

any error with regard to that evidentiary determination was harmless, since the proof of the defendant's guilt, without reference to the error, was overwhelming

2026 NY Slip Op 05326, at the official text