People v. Rodriguez

247 A.D.2d 291, 668 N.Y.S.2d 457, 1998 N.Y. App. Div. LEXIS 1533

Opinion

Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered July 23, 1993, convicting defendant, after a jury trial, of murder in the second degree, robbery in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to concurrent terms of 25 years to life, 12½ to 25 years, 5 to 10 years, and. 3½ to 7 years, consecutive to a term of 3½ to 7 years on conviction of assault in the second degree, unanimously affirmed.

The court’s instruction on reasonable doubt, read as a whole, conveyed the appropriate standards (see, People v.Cubino, 88 NY2d 998; People v White, 228 AD2d 209, lv denied 88 NY2d 1072), as did its instruction on the question of the voluntariness of defendant’s statements (see, People v Kelly, 238 AD2d 220, lv denied 90 NY2d 895).

Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.