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People v. Sutton

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1985
111 A.D.2d 197 (N.Y. App. Div. 1985)

Opinion

May 6, 1985

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


Judgment affirmed.

Contrary to defendant's position, the trial court did not commit reversible error in admitting into evidence his videotaped confession to the murder of his wife, which was taken at the police precinct following his arrest. In the first instance, defendant's present challenge to the admissibility of the videotaped confession on the ground that it was tainted by his prior confession which the trial court suppressed, was not raised at the Huntley hearing ( People v. Huntley, 15 N.Y.2d 72) and thus has not been preserved for appellate review ( see, People v Martin, 50 N.Y.2d 1029). In any event, in view of the overwhelming evidence of guilt in the record, any alleged error is clearly harmless ( see, People v. Crimmins, 36 N.Y.2d 230). On this point, it is noted that defendant shot his wife twice in the head in front of two police officers and a third witness.

We have reviewed defendant's remaining contentions and find them to be without merit. Titone, J.P., Lazer, Thompson and Rubin, JJ., concur.


Summaries of

People v. Sutton

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1985
111 A.D.2d 197 (N.Y. App. Div. 1985)
Case details for

People v. Sutton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE SUTTON…

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

Date published: May 6, 1985

Citations

111 A.D.2d 197 (N.Y. App. Div. 1985)

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