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People v. Deleon

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1999
262 A.D.2d 421 (N.Y. App. Div. 1999)

Opinion

Argued April 22, 1999

June 7, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered March 13, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Katherine R. Schaefer of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Jodi L. Mandel, and Scott R. Emery of counsel), for respondent.

DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly refused to admit into evidence a videotaped statement of the defendant, made after he had ample opportunity to reflect ( see, People v. Dalton, 88 N.Y.2d 561; People v. Williams, 203 A.D.2d 498, 499). The videotaped statement was irrelevant unless offered for its truth and therefore constituted inadmissible hearsay ( see, People v. Reynoso, 73 N.Y.2d 816).


Summaries of

People v. Deleon

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1999
262 A.D.2d 421 (N.Y. App. Div. 1999)
Case details for

People v. Deleon

Case Details

Full title:The PEOPLE, etc., respondent, v. ELISEO DELEON, appellant. (Ind. No…

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

Date published: Jun 7, 1999

Citations

262 A.D.2d 421 (N.Y. App. Div. 1999)
692 N.Y.S.2d 94

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