People v. LaBarbera

Appellate Division of the Supreme Court of New York

People v. LaBarbera

128 A.D.2d 806, 513 N.Y.S.2d 509, 1987 N.Y. App. Div. LEXIS 44492

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

DecidedMarch 23, 1987

StatusPublished

Cited by1 cases

This text of 128 A.D.2d 806 (People v. LaBarbera) 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. LaBarbera, 128 A.D.2d 806, 513 N.Y.S.2d 509, 1987 N.Y. App. Div. LEXIS 44492 (N.Y. Ct. App. 1987).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered July 9, 1981, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, [807]*807after a hearing, of those branches of the defendant’s omnibus motion which were to suppress physical evidence and certain statements made to the police.

Ordered that the judgment is affirmed.

We find no error in the trial court’s denial of the defendant’s motion for a severance on the ground that the defenses of the defendant and of his codefendant were antagonistic (see, People v Cruz, 66 NY2d 61, cert granted — US —, 106 S Ct 2888). The defendant has failed to demonstrate that the ruling resulted in prejudice or substantially impaired his defense (see, People v Cruz, supra). We reject his contention that severance was required by the rule of Bruton v United States (391 US 123).

We have examined the defendant’s remaining contentions and have found them to be either unpreserved for appellate review or lacking in merit. Mollen, P. J., Thompson, Rubin and Kunzeman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered July 9, 1981, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, [807]*807after a hearing, of those branches of the defendant’s omnibus motion which were to suppress physical evidence and certain statements made to the police.

Ordered that the judgment is affirmed.

We find no error in the trial court’s denial of the defendant’s motion for a severance on the ground that the defenses of the defendant and of his codefendant were antagonistic (see, People v Cruz, 66 NY2d 61, cert granted — US —, 106 S Ct 2888). The defendant has failed to demonstrate that the ruling resulted in prejudice or substantially impaired his defense (see, People v Cruz, supra). We reject his contention that severance was required by the rule of Bruton v United States (391 US 123).

We have examined the defendant’s remaining contentions and have found them to be either unpreserved for appellate review or lacking in merit. Mollen, P. J., Thompson, Rubin and Kunzeman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

128 A.D.2d 806, 513 N.Y.S.2d 509, 1987 N.Y. App. Div. LEXIS 44492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-labarbera-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack