People v. Crichton

260 A.D.2d 395, 686 N.Y.S.2d 311, 1999 N.Y. App. Div. LEXIS 3525

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 5, 1999
• Status: Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered March 8, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find no merit to the defendant’s contention that his Fifth Amendment right against self-incrimination was violated by the testimony at trial of a police officer to the effect that the defendant refused to give a videotaped statement after giving both oral and written statements admitting to the crime (see, People v Hendricks, 222 AD2d 74).

The trial court’s Sandoval ruling was not an improvident exercise of discretion (see, People v Mattiace, 77 NY2d 269, 275-276; People v Pavao, 59 NY2d 282, 292). Bracken, J. P., O’Brien, Joy and Florio, JJ., concur.