From Casetext: Smarter Legal Research

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 665 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

Appeal from the Supreme Court, Kings County (Egitto, J.).


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in allowing the People to admit his videotaped statement without first determining whether this statement was voluntarily made. Having failed to object to the admission of this statement at trial, this issue is unpreserved for appellate review (see, People v Manners, 118 A.D.2d 734). Furthermore, a review of the record indicates that the defendant chose not to challenge the admission of this statement, and in fact used this statement to argue that the victim's death was an accident and not intentional. Thus, it appears that the defendant's failure to object to the videotape's admission was a matter of calculated trial strategy and under such circumstance we decline to exercise our interest of justice jurisdiction to review the issue (see, People v. James, 138 A.D.2d 744).

The tape of the defendant's call to the telephone emergency 911 number after the incident was properly admitted as an admission (see, People v. Harris, 148 A.D.2d 469).

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

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Lawrence, J.P., Santucci, Friedmann and Florio, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 665 (N.Y. App. Div. 1995)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DAVIS…

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 665 (N.Y. App. Div. 1995)
624 N.Y.S.2d 233

Citing Cases

State v. Amuso

The defendant was afforded meaningful representation ( see People v Benevento, 91 NY2d 708, 712). The…

People v. Williams

The People's January 29, 2015 statement of readiness effectively stopped the "speedy trial" clock, inasmuch…