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People v. Neal

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 2002
293 A.D.2d 323 (N.Y. App. Div. 2002)

Opinion

727

April 11, 2002.

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered March 15, 1999, convicting defendant, after a nonjury trial, of two counts of sodomy in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 18 years, unanimously affirmed.

Barbara Jane Hutter, for respondent.

Bonnie C. Brennan, for defendant-appellant.

Before: Williams, P.J., Saxe, Lerner, Rubin, Marlow, JJ.


Defendant's contentions that the court improperly admitted hearsay testimony, as well as his related arguments, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the court properly admitted the testimony to explain the events leading up to defendant's arrest and to explain the actions of the police (see, People v. Rivera, 96 N.Y.2d 749). Furthermore, in this nonjury trial, the court is presumed to have considered only competent evidence in reaching its verdict (see, People v. Moreno, 70 N.Y.2d 403). Moreover, the court expressly stated the limited purpose for which it was considering this evidence as trier of fact (see, People v. Molloy, 282 A.D.2d 311, lv denied 96 N.Y.2d 922).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Neal

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 2002
293 A.D.2d 323 (N.Y. App. Div. 2002)
Case details for

People v. Neal

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DERRICK NEAL…

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

Date published: Apr 11, 2002

Citations

293 A.D.2d 323 (N.Y. App. Div. 2002)
739 N.Y.S.2d 821

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