People v. Castimore

Appellate Division of the Supreme Court of New York

People v. Castimore

166 A.D.2d 915, 561 N.Y.S.2d 679, 1990 N.Y. App. Div. LEXIS 12223

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

DecidedOctober 5, 1990

StatusPublished

Cited by1 cases

This text of 166 A.D.2d 915 (People v. Castimore) 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. Castimore, 166 A.D.2d 915, 561 N.Y.S.2d 679, 1990 N.Y. App. Div. LEXIS 12223 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously affirmed. Memorandum: The court properly denied defendant’s motion to suppress. The record establishes that defendant was not so intoxicated that he was unable to comprehend the Miranda warnings (see, Miranda v Arizona, 384 US 436) he was given and that he knowingly and voluntarily waived his rights (see, People v Schompert, 19 NY2d 300, 305-307, cert [916]*916denied 389 US 874; People v Williams, 147 AD2d 515, 516; People v Perry, 144 AD2d 706). We also conclude that the verdict was supported by the weight of the evidence and that the evidence was legally sufficient (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from judgment of Erie County Court, Lomanto; J. — assault, first degree.) Present — Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: The court properly denied defendant’s motion to suppress. The record establishes that defendant was not so intoxicated that he was unable to comprehend the Miranda warnings (see, Miranda v Arizona, 384 US 436) he was given and that he knowingly and voluntarily waived his rights (see, People v Schompert, 19 NY2d 300, 305-307, cert [916]*916denied 389 US 874; People v Williams, 147 AD2d 515, 516; People v Perry, 144 AD2d 706). We also conclude that the verdict was supported by the weight of the evidence and that the evidence was legally sufficient (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from judgment of Erie County Court, Lomanto; J. — assault, first degree.) Present — Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.

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Bluebook (online)

166 A.D.2d 915, 561 N.Y.S.2d 679, 1990 N.Y. App. Div. LEXIS 12223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-castimore-nyappdiv-1990.

Opinion

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