From Casetext: Smarter Legal Research

People v. Koegel

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1119 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from the Supreme Court, Onondaga County, Brunetti, J. — Murder, 2nd Degree.


Judgment unanimously affirmed. Memorandum: Supreme Court properly denied the motion to suppress defendant's statement to the police. The record supports the court's determination that the statement was voluntarily made ( see, CPL 60.45; People v. Towndrow, 236 A.D.2d 821, 822, lv denied 89 N.Y.2d 1016; People v. Garcia, 216 A.D.2d 319, lv denied 86 N.Y.2d 842). Upon our review of the record, we conclude that the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). We further conclude that defendant's admissions were sufficiently corroborated to support the conviction of prostitution ( see, CPL 60.50; People v. Chico, 90 N.Y.2d 585, 589-590). The contention of defendant that the statute defining prostitution (Penal Law § 230.00) is unconstitutional as applied to him has not been preserved for our review ( see, CPL 470.05; People v. Iannelli, 69 N.Y.2d 684, 685, cert denied 482 U.S. 914), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).

Present — Green, J. P., Wisner, Hayes, Balio and Fallon, JJ.


Summaries of

People v. Koegel

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1119 (N.Y. App. Div. 1998)
Case details for

People v. Koegel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL KOEGEL, Appellant

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

Date published: Dec 31, 1998

Citations

256 A.D.2d 1119 (N.Y. App. Div. 1998)
684 N.Y.S.2d 452

Citing Cases

People v. Bloom

Defendant's constitutional claim is premised upon the record sealing provisions of the Family Court Act (…