People v. Walden

Appellate Division of the Supreme Court of New York

People v. Walden

148 A.D.2d 971, 539 N.Y.S.2d 206, 1989 N.Y. App. Div. LEXIS 2628

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

DecidedMarch 10, 1989

StatusPublished

This text of 148 A.D.2d 971 (People v. Walden) 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. Walden, 148 A.D.2d 971, 539 N.Y.S.2d 206, 1989 N.Y. App. Div. LEXIS 2628 (N.Y. Ct. App. 1989).

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Opinion

Judgment unanimously affirmed. Memorandum: We have examined defendant’s contentions on appeal and find them to be without merit. The court did not allow improper opinion testimony. The witness merely explained the circumstances of defendant’s second statement to police. In any event, the testimony, if erroneously admitted, was harmless (see, People v Crimmins, 36 NY2d 230). Moreover, defendant was not entitled to a directive limiting the prosecutor’s cross-examination of him at the suppression hearing (see, People v Kennedy, 70 AD2d 181; People v Blackwell, 128 Misc 2d 599). Finally, the sentencing court did not abuse its discretion in sentencing defendant to concurrent terms of 25 years to life on three counts of murder in the second degree. (Appeal from judgment of Supreme Court, Monroe County, Mark, J. — murder, second degree.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: We have examined defendant’s contentions on appeal and find them to be without merit. The court did not allow improper opinion testimony. The witness merely explained the circumstances of defendant’s second statement to police. In any event, the testimony, if erroneously admitted, was harmless (see, People v Crimmins, 36 NY2d 230). Moreover, defendant was not entitled to a directive limiting the prosecutor’s cross-examination of him at the suppression hearing (see, People v Kennedy, 70 AD2d 181; People v Blackwell, 128 Misc 2d 599). Finally, the sentencing court did not abuse its discretion in sentencing defendant to concurrent terms of 25 years to life on three counts of murder in the second degree. (Appeal from judgment of Supreme Court, Monroe County, Mark, J. — murder, second degree.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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Bluebook (online)

148 A.D.2d 971, 539 N.Y.S.2d 206, 1989 N.Y. App. Div. LEXIS 2628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walden-nyappdiv-1989.

Opinion

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