Opinion
February 25, 1972
Appeal from the Erie County Court.
Present — Del Vecchio, J.P., Witmer, Moule, Cardamone and Henry, JJ.
Judgment unanimously affirmed. Memorandum: Although we find that errors were committed in the course of the trial, we note that "Errors are almost inevitable in any trial, improprieties almost unavoidable, but the presence of one or the other furnishes no automatic signal for reversal and retrial" ( People v. Kingston, 8 N.Y.2d 384, 387); and this is true even with respect to some constitutional errors ( Chapman v. California, 386 U.S. 18, 22). We are directed to determine appeals without regard to technical errors which do not affect substantial rights (Code Crim. Pro., § 542; CPL 470.05, subd. 1). We conclude that the errors in this record did not affect defendant's substantial rights and that he received a fair trial.