People v. Liebert

Appellate Division of the Supreme Court of New York

People v. Liebert

211 A.D.2d 510, 621 N.Y.S.2d 341, 1995 N.Y. App. Div. LEXIS 419

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

DecidedJanuary 19, 1995

StatusPublished

This text of 211 A.D.2d 510 (People v. Liebert) 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. Liebert, 211 A.D.2d 510, 621 N.Y.S.2d 341, 1995 N.Y. App. Div. LEXIS 419 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered February 11, 1991, convicting defendant, after jury trial, of criminal possession of stolen property in the fifth degree, criminal possession of a weapon in the fourth degree and resisting arrest, and sentencing him to consecutive 1-year prison terms for the possession of stolen property and possession of a weapon convictions, and to a concurrent 1-year term for resisting arrest conviction, unanimously affirmed.

The trial court gave a fair and balanced interested witness charge by instructing that defendant was an interested witness as a matter of law and that the jury was free to find, as a matter of fact, that any of the prosecution’s witnesses were also interested witnesses (People v Bowden, 198 AD2d 39). While defendant’s testimony that he was coerced into making a written confession could potentially subject the police officers to disciplinary and perjury charges and civil law suits, it nevertheless provided no basis for singling them out as interested witnesses as a matter of law (see, People v Pizarro, 190 AD2d 634, lv denied 81 NY2d 1018). Concur—Ellerin, J. P., Ross, Williams and Tom, JJ.

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Judgment, Supreme Court, New York County (Felice Shea, J.), rendered February 11, 1991, convicting defendant, after jury trial, of criminal possession of stolen property in the fifth degree, criminal possession of a weapon in the fourth degree and resisting arrest, and sentencing him to consecutive 1-year prison terms for the possession of stolen property and possession of a weapon convictions, and to a concurrent 1-year term for resisting arrest conviction, unanimously affirmed.

The trial court gave a fair and balanced interested witness charge by instructing that defendant was an interested witness as a matter of law and that the jury was free to find, as a matter of fact, that any of the prosecution’s witnesses were also interested witnesses (People v Bowden, 198 AD2d 39). While defendant’s testimony that he was coerced into making a written confession could potentially subject the police officers to disciplinary and perjury charges and civil law suits, it nevertheless provided no basis for singling them out as interested witnesses as a matter of law (see, People v Pizarro, 190 AD2d 634, lv denied 81 NY2d 1018). Concur—Ellerin, J. P., Ross, Williams and Tom, JJ.

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Bluebook (online)

211 A.D.2d 510, 621 N.Y.S.2d 341, 1995 N.Y. App. Div. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-liebert-nyappdiv-1995.

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