People v Romero, 27 NY3d at 982 (2016)

2016 NY Slip Op 03212 [27 NY3d 981]
April 28, 2016
Court of Appeals

[*1]

In the Matter of 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.

{**27 NY3d at 982} OPINION OF THE COURT

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.