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People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 563 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Queens County (Leahy, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that he was denied his right to present a defense by the court's refusal to marshal his specific contentions regarding the jury's determination of the voluntariness of his statements. The court's charge on the voluntariness of the defendant's statements adequately conveyed to the jury the correct standard it was to apply in reaching a decision in this regard ( see, People v. Canty, 60 N.Y.2d 830; People v. Russell, 266 N.Y. 147; CPL 300.10; People v. Bowen, 134 A.D.2d 356; see also, People v. Andujas, 79 N.Y.2d 113).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

Pizzuto, J. P., Santucci, Joy and Florio, JJ., concur.


Summaries of

People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 563 (N.Y. App. Div. 1997)
Case details for

People v. Burgos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL BURGOS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 1997

Citations

244 A.D.2d 563 (N.Y. App. Div. 1997)
665 N.Y.S.2d 937

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