From Casetext: Smarter Legal Research

People v. Aponte

Appellate Division of the Supreme Court of New York, Third Department
Feb 20, 1992
180 A.D.2d 910 (N.Y. App. Div. 1992)

Opinion

February 20, 1992

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


Defendant's main contention on appeal is that County Court erred when it denied his suppression motion by ruling that certain periods of defendant's silence that occurred during his questioning by police could be used against him if he went to trial. While County Court initially made such a ruling on defendant's suppression motion, a few days later the court retracted its denial and reserved decision until the trial evidence developed. The court, in effect, never resolved this suppression issue and defendant's subsequent guilty plea resulted in a forfeiture of appellate review on that issue (see, People v Fernandez, 67 N.Y.2d 686, 688; People v. Henderson, 130 A.D.2d 789, 791). In any event, we find that, under the circumstances presented here, County Court's decision was proper and does not, as defendant contends, offend People v. Conyers ( 52 N.Y.2d 454). Defendant, who did not invoke his right to remain silent, clearly agreed to speak with the police regarding the facts of the case and he offered an exculpatory explanation of his activities on the day of the incident. If defendant testified at trial and offered an exculpatory explanation not offered previously, his conduct during police questioning would have been admissible on cross-examination to impeach credibility (see, People v. Savage, 50 N.Y.2d 673, cert denied 449 U.S. 1016). Any remaining claims of error have been reviewed and found to be lacking in merit.

Levine, J.P., Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Aponte

Appellate Division of the Supreme Court of New York, Third Department
Feb 20, 1992
180 A.D.2d 910 (N.Y. App. Div. 1992)
Case details for

People v. Aponte

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR APONTE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 20, 1992

Citations

180 A.D.2d 910 (N.Y. App. Div. 1992)
580 N.Y.S.2d 517

Citing Cases

People v. White

He also asserts that he received the ineffective assistance of counsel due to trial counsel's failure to…

People v. Valenti

Defendant's remaining contentions do not require extended discussion. The prosecution properly inquired into…