Wednesday, November 17, 2004
The factors relevant to a harmless error determination as to improperly admitted evidence, based on Supreme Court precedent, are:
the overall strength of the prosecutor's case;
the prosecutor's conduct with respect ot the improperly admitted evidence;
the importance of the wrongfully admitted testimony; and
whether such evidence was cumulative of other properly admitted evidence.
Based on these factors, the Second Circuit held that the admission of the confession was not harmless error.
The decision in Zappulla v. People can be found here.