From Casetext: Smarter Legal Research

People v. Quinones

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1989
155 A.D.2d 244 (N.Y. App. Div. 1989)

Opinion

November 2, 1989

Appeal from the Supreme Court, New York County (Murray Mogel, J.).


Viewing the evidence in the light most favorable to the prosecution (see, People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), a rational trier of fact could have found that the evidence that the defendant viciously beat a three-year-old child, resulting in multiple contusions of the abdomen, face, scalp, scrotum, extremities and intestines, and bound the body and threw it into the East River, overwhelmingly established that the defendant was guilty of depraved indifference murder (see, Penal Law § 125.25). The issues of credibility were for the trier of fact to determine (People v Mosley, 112 A.D.2d 812, affd 67 N.Y.2d 985).

The evidence on the record supports the conclusion of the Judge presiding at the suppression hearing that the statements made by defendant to a detective at the station, acknowledging his involvement in the death of the child, were not suppressible since they were preceded by proper Miranda warnings and a knowing, intelligent, voluntary waiver of defendant's rights, accomplished without the use of trickery, deception, threats or promises (Miranda v Arizona, 384 U.S. 436).

We further find that the photographs of the dead child were properly admitted into evidence, since the People introduced the photographs to demonstrate that the defendant acted with a depraved indifference to human life, an element of the crime with which he was charged (People v Pobliner, 32 N.Y.2d 356, 369-370, cert denied 416 U.S. 905).

Defendant's remaining arguments are either unpreserved for appellate review or without merit, nor was defendant's sentence excessive.

Concur — Kupferman, J.P., Carro, Asch, Kassal and Rosenberger, JJ.


Summaries of

People v. Quinones

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1989
155 A.D.2d 244 (N.Y. App. Div. 1989)
Case details for

People v. Quinones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY QUINONES…

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

Date published: Nov 2, 1989

Citations

155 A.D.2d 244 (N.Y. App. Div. 1989)
546 N.Y.S.2d 623

Citing Cases

People v. Green

In any event, even if we were to conclude that the defendant's arrest violated Payton v. New York (supra),…

People v. Best

The medical experts unanimously agreed, however, that the beatings did not and would not have resulted in his…