People v. Lediard

Appellate Division of the Supreme Court of New York

People v. Lediard

115 A.D.2d 564, 496 N.Y.S.2d 85, 1985 N.Y. App. Div. LEXIS 54980

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

DecidedDecember 9, 1985

StatusPublished

Cited by2 cases

This text of 115 A.D.2d 564 (People v. Lediard) 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. Lediard, 115 A.D.2d 564, 496 N.Y.S.2d 85, 1985 N.Y. App. Div. LEXIS 54980 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered March 3, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict and imposing sentence.

Judgment affirmed.

As defendant was being arrested a police officer asked "where is the gun?”. Defendant replied that he had no gun; "it was a pipe”. Under the circumstances of this case, this statement was properly admitted as a response to a question the police properly asked in order to clarify a situation and protect themselves (see, People v Johnson, 86 AD2d 165, 168, affd 59 NY2d 1014).

We find that the evidence was sufficient to prove defendant’s guilt beyond a reasonable doubt. We have reviewed defendant’s remaining contentions and find them to be without merit. Lazer, J. P., Thompson, Weinstein and Niehoff, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered March 3, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict and imposing sentence.

Judgment affirmed.

As defendant was being arrested a police officer asked "where is the gun?”. Defendant replied that he had no gun; "it was a pipe”. Under the circumstances of this case, this statement was properly admitted as a response to a question the police properly asked in order to clarify a situation and protect themselves (see, People v Johnson, 86 AD2d 165, 168, affd 59 NY2d 1014).

We find that the evidence was sufficient to prove defendant’s guilt beyond a reasonable doubt. We have reviewed defendant’s remaining contentions and find them to be without merit. Lazer, J. P., Thompson, Weinstein and Niehoff, JJ., concur.

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Bluebook (online)

115 A.D.2d 564, 496 N.Y.S.2d 85, 1985 N.Y. App. Div. LEXIS 54980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lediard-nyappdiv-1985.

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