People v. Blocker

Appellate Division of the Supreme Court of New York

People v. Blocker

291 A.D.2d 208, 736 N.Y.S.2d 866, 2002 N.Y. App. Div. LEXIS 1497

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

DecidedFebruary 5, 2002

StatusPublished

This text of 291 A.D.2d 208 (People v. Blocker) 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. Blocker, 291 A.D.2d 208, 736 N.Y.S.2d 866, 2002 N.Y. App. Div. LEXIS 1497 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered May 12, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. Defendant’s guilt was established by extensive circumstantial evidence connecting defendant with the crime as well as by his written and videotaped confessions. At trial, the People clearly established the voluntariness of these statements (see, CPL 60.45) under the totality of circumstances (see, Arizona v Fulminante, 499 US 279; People v Anderson, 42 NY2d 35, 38; see also, People v Centano, 76 NY2d 837), as well [209]*209as establishing their reliability. To the extent that defendant is also challenging the court’s ruling denying suppression of these statements, we similarly find such ruling to be supported by the hearing record.

The court’s limited marshaling of evidence in connection with its explanation of the concept of circumstantial evidence was sufficiently balanced and did not deprive defendant of a fair trial (see, People v Culhane, 45 NY2d 757, 758, cert denied 439 US 1047). Concur — Mazzarelli, J.P., Saxe, Sullivan, Wallach and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered May 12, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. Defendant’s guilt was established by extensive circumstantial evidence connecting defendant with the crime as well as by his written and videotaped confessions. At trial, the People clearly established the voluntariness of these statements (see, CPL 60.45) under the totality of circumstances (see, Arizona v Fulminante, 499 US 279; People v Anderson, 42 NY2d 35, 38; see also, People v Centano, 76 NY2d 837), as well [209]*209as establishing their reliability. To the extent that defendant is also challenging the court’s ruling denying suppression of these statements, we similarly find such ruling to be supported by the hearing record.

The court’s limited marshaling of evidence in connection with its explanation of the concept of circumstantial evidence was sufficiently balanced and did not deprive defendant of a fair trial (see, People v Culhane, 45 NY2d 757, 758, cert denied 439 US 1047). Concur — Mazzarelli, J.P., Saxe, Sullivan, Wallach and Friedman, JJ.

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Bluebook (online)

291 A.D.2d 208, 736 N.Y.S.2d 866, 2002 N.Y. App. Div. LEXIS 1497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blocker-nyappdiv-2002.

Opinion

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