People v. Rivera-Lopez

Appellate Division of the Supreme Court of New York

People v. Rivera-Lopez

281 A.D.2d 233, 721 N.Y.S.2d 769, 2001 N.Y. App. Div. LEXIS 2481

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

DecidedMarch 13, 2001

StatusPublished

Cited by1 cases

This text of 281 A.D.2d 233 (People v. Rivera-Lopez) 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. Rivera-Lopez, 281 A.D.2d 233, 721 N.Y.S.2d 769, 2001 N.Y. App. Div. LEXIS 2481 (N.Y. Ct. App. 2001).

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Opinion

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered September 10, 1996, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s challenge to the court’s jury instructions concerning the caution it must exercise in its evaluation of an unavailable eyewitness’s exculpatory hearsay statement (see, People v Robinson, 89 NY2d 648) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that to the extent that the court’s generally appropriate instructions may have contained language that conveyed a skeptical view of the force of this evidence, any such error was harmless in light of the overwhelming evidence of defendant’s guilt, which included a detailed confession and audiotapes wherein defendant clearly admitted he was the victim’s murderer. Concur — Nardelli, J. P., Ellerin, Wallach, Buckley and Friedman, JJ.

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Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered September 10, 1996, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s challenge to the court’s jury instructions concerning the caution it must exercise in its evaluation of an unavailable eyewitness’s exculpatory hearsay statement (see, People v Robinson, 89 NY2d 648) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that to the extent that the court’s generally appropriate instructions may have contained language that conveyed a skeptical view of the force of this evidence, any such error was harmless in light of the overwhelming evidence of defendant’s guilt, which included a detailed confession and audiotapes wherein defendant clearly admitted he was the victim’s murderer. Concur — Nardelli, J. P., Ellerin, Wallach, Buckley and Friedman, JJ.

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Bluebook (online)

281 A.D.2d 233, 721 N.Y.S.2d 769, 2001 N.Y. App. Div. LEXIS 2481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivera-lopez-nyappdiv-2001.

Opinion

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