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People v. Parker

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1982
90 A.D.2d 565 (N.Y. App. Div. 1982)

Opinion

October 7, 1982

Appeal from a judgment of the Supreme Court at Trial Term (Smyk, J.), rendered June 23, 1981 in Chemung County, upon a verdict convicting defendant of the crimes of murder in the second degree, robbery in the first degree and burglary in the first degree.


Defendant's primary argument on appeal is that his statement to law enforcement officers was inadmissible. However, the fact that at trial the prosecutor withdrew the notice of intent to offer the statement and, consequently, the statement was never introduced, renders any error harmless ( People v Crimmins, 36 N.Y.2d 230, 237). Defendant next argues that publicity in the local media rendered a fair trial in Chemung County impossible. The instant record, however, fails to support this contention (see People v. DiPiazza, 24 N.Y.2d 342). Finally, we find no merit to defendant's contention that his sentence for second degree murder is harsh and excessive. Judgment affirmed. Sweeney, J.P., Kane, Casey, Weiss and Levine, JJ., concur.


Summaries of

People v. Parker

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1982
90 A.D.2d 565 (N.Y. App. Div. 1982)
Case details for

People v. Parker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN D. PARKER…

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

Date published: Oct 7, 1982

Citations

90 A.D.2d 565 (N.Y. App. Div. 1982)

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