People v. Bastidas

Appellate Division of the Supreme Court of New York

People v. Bastidas

108 A.D.2d 866, 485 N.Y.S.2d 576, 1985 N.Y. App. Div. LEXIS 43192

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

DecidedFebruary 19, 1985

StatusPublished

Cited by3 cases

This text of 108 A.D.2d 866 (People v. Bastidas) 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. Bastidas, 108 A.D.2d 866, 485 N.Y.S.2d 576, 1985 N.Y. App. Div. LEXIS 43192 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered December 3, 1980, convicting him of murder in the second degree, attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings [867]*867for review the denial, after a hearing, of that branch of defendant’s motion which sought to suppress certain statements made by him to the police.

Judgment affirmed.

Defendant’s argument that Penal Law § 40.00 improperly places upon him the burden of proving the affirmative defense of duress is without merit (People v Bevilacqua, 56 AD2d 605, revd on other grounds 45 NY2d 508; see, People v Patterson, 39 NY2d 288, affd 432 US 197).

We have considered defendant’s other contentions and find them to be without merit. Titone, J. P., O’Connor, Lawrence and Eiber, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered December 3, 1980, convicting him of murder in the second degree, attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings [867]*867for review the denial, after a hearing, of that branch of defendant’s motion which sought to suppress certain statements made by him to the police.

Judgment affirmed.

Defendant’s argument that Penal Law § 40.00 improperly places upon him the burden of proving the affirmative defense of duress is without merit (People v Bevilacqua, 56 AD2d 605, revd on other grounds 45 NY2d 508; see, People v Patterson, 39 NY2d 288, affd 432 US 197).

We have considered defendant’s other contentions and find them to be without merit. Titone, J. P., O’Connor, Lawrence and Eiber, JJ., concur.

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Bluebook (online)

108 A.D.2d 866, 485 N.Y.S.2d 576, 1985 N.Y. App. Div. LEXIS 43192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bastidas-nyappdiv-1985.

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