People v. Webb

Appellate Division of the Supreme Court of New York

People v. Webb

246 A.D.2d 678, 666 N.Y.S.2d 959, 1998 N.Y. App. Div. LEXIS 565

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

DecidedJanuary 26, 1998

StatusPublished

This text of 246 A.D.2d 678 (People v. Webb) 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. Webb, 246 A.D.2d 678, 666 N.Y.S.2d 959, 1998 N.Y. App. Div. LEXIS 565 (N.Y. Ct. App. 1998).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered May 8, 1991, convicting him of murder in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of the defendant’s oral motion which was to suppress a statement made by him to the police. By decision and order dated May 9, 1994 (see, People v Webb, 204 AD2d 499), this Court remitted the matter to the Supreme Court, Kings County, to hear and report on the voluntariness of the statement made by the defendant to Police Officer Robert Murphy, and the appeal was held in abeyance in the interim. The Supreme Court, Kings County (Pincus, J.), has conducted a hearing and has filed its report.

Ordered that the judgment is affirmed.

Upon remittitur, the Supreme Court determined that the defendant’s statement to Police Officer Robert Murphy was knowingly and voluntarily made. That determination is supported by the record and there is no basis for setting it aside (see, People v Leonard, 59 AD2d 1, 12-13; People v Perry, 144 AD2d 706).

The defendant’s remaining contentions are unpreserved for appellate review or without merit. O’Brien, J. P., Ritter, Thompson and Altman, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered May 8, 1991, convicting him of murder in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of the defendant’s oral motion which was to suppress a statement made by him to the police. By decision and order dated May 9, 1994 (see, People v Webb, 204 AD2d 499), this Court remitted the matter to the Supreme Court, Kings County, to hear and report on the voluntariness of the statement made by the defendant to Police Officer Robert Murphy, and the appeal was held in abeyance in the interim. The Supreme Court, Kings County (Pincus, J.), has conducted a hearing and has filed its report.

Ordered that the judgment is affirmed.

Upon remittitur, the Supreme Court determined that the defendant’s statement to Police Officer Robert Murphy was knowingly and voluntarily made. That determination is supported by the record and there is no basis for setting it aside (see, People v Leonard, 59 AD2d 1, 12-13; People v Perry, 144 AD2d 706).

The defendant’s remaining contentions are unpreserved for appellate review or without merit. O’Brien, J. P., Ritter, Thompson and Altman, JJ., concur.

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Bluebook (online)

246 A.D.2d 678, 666 N.Y.S.2d 959, 1998 N.Y. App. Div. LEXIS 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-webb-nyappdiv-1998.

Opinion

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