People v. Schnittker

Appellate Division of the Supreme Court of New York

People v. Schnittker

254 A.D.2d 111, 679 N.Y.S.2d 287, 1998 N.Y. App. Div. LEXIS 10851

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

DecidedOctober 15, 1998

StatusPublished

This text of 254 A.D.2d 111 (People v. Schnittker) 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. Schnittker, 254 A.D.2d 111, 679 N.Y.S.2d 287, 1998 N.Y. App. Div. LEXIS 10851 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered December 11, 1995, convicting defendant, after a jury trial, of murder in the second degree and attempted assault in the second degree, and sentencing him, as a second violent felony offender, to consecutive terms of 25 years to life and 2 to 4 years, respectively, unanimously affirmed.

The record supports the court’s finding that defendant’s suppressed statement was voluntarily given so as to permit its use for impeachment purposes (see, People v Maerling, 64 NY2d 134, 140). There was no causal connection between defendant’s physical injuries and possible drug use and his ability to provide a voluntary statement. Since defendant did not request a limiting instruction regarding the use of this statement, his claim of error is unpreserved and we decline to review it in the interest of justice. Were we to review this claim,, we would find that the lack of such instruction caused no prejudice.

Defendant’s challenges for cause were properly disallowed, given that the venirepersons unequivocally stated they could be impartial (People v Middleton, 220 AD2d 202, lv denied 87 NY2d 848). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered December 11, 1995, convicting defendant, after a jury trial, of murder in the second degree and attempted assault in the second degree, and sentencing him, as a second violent felony offender, to consecutive terms of 25 years to life and 2 to 4 years, respectively, unanimously affirmed.

The record supports the court’s finding that defendant’s suppressed statement was voluntarily given so as to permit its use for impeachment purposes (see, People v Maerling, 64 NY2d 134, 140). There was no causal connection between defendant’s physical injuries and possible drug use and his ability to provide a voluntary statement. Since defendant did not request a limiting instruction regarding the use of this statement, his claim of error is unpreserved and we decline to review it in the interest of justice. Were we to review this claim,, we would find that the lack of such instruction caused no prejudice.

Defendant’s challenges for cause were properly disallowed, given that the venirepersons unequivocally stated they could be impartial (People v Middleton, 220 AD2d 202, lv denied 87 NY2d 848). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Bluebook (online)

254 A.D.2d 111, 679 N.Y.S.2d 287, 1998 N.Y. App. Div. LEXIS 10851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schnittker-nyappdiv-1998.

Opinion

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