People v. Aguilera

Appellate Division of the Supreme Court of New York

People v. Aguilera

276 A.D.2d 404, 715 N.Y.S.2d 836, 2000 N.Y. App. Div. LEXIS 10761

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 2000

StatusPublished

This text of 276 A.D.2d 404 (People v. Aguilera) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Aguilera, 276 A.D.2d 404, 715 N.Y.S.2d 836, 2000 N.Y. App. Div. LEXIS 10761 (N.Y. Ct. App. 2000).

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Opinion

Judgment, Supreme Court, New York County, rendered October 10, 1985 (Dennis Edwards, J., at jury trial and sentence), as amended February 21, 1997 (Michael Obús, J., at hearing), convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

In the hearing held after the remand from the Court of Appeals (82 NY2d 23), defendant abandoned his prior claims of police misconduct and raised the present defense of mental disability. The record of the hearing supports the court’s finding that defendant’s mental condition did not cast doubt on the admissibility of his statement (see, People v Schompert, 19 NY2d 300, cert denied 389 US 874). Concur — Tom, J. P., Mazzarelli, Ellerin, Lerner and Andrias, JJ.

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Judgment, Supreme Court, New York County, rendered October 10, 1985 (Dennis Edwards, J., at jury trial and sentence), as amended February 21, 1997 (Michael Obús, J., at hearing), convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

In the hearing held after the remand from the Court of Appeals (82 NY2d 23), defendant abandoned his prior claims of police misconduct and raised the present defense of mental disability. The record of the hearing supports the court’s finding that defendant’s mental condition did not cast doubt on the admissibility of his statement (see, People v Schompert, 19 NY2d 300, cert denied 389 US 874). Concur — Tom, J. P., Mazzarelli, Ellerin, Lerner and Andrias, JJ.

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Bluebook (online)

276 A.D.2d 404, 715 N.Y.S.2d 836, 2000 N.Y. App. Div. LEXIS 10761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aguilera-nyappdiv-2000.

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