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People v. Acosta

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 629 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Kings County (Kay, J.).


Ordered that the judgment is affirmed.

The hearing court properly denied suppression of the defendant's oral statement since that statement was voluntarily and spontaneously made ( see, People v. Rivers, 56 N.Y.2d 476). Additionally, there is no merit to the defendant's contention that he was improperly denied counsel at the preaccusatory lineup ( see, People v. LaClere, 76 N.Y.2d 670; People v. Hernandez, 70 N.Y.2d 833; People v. Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846).

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The defendant's remaining contentions lack merit. Balletta, J.P., Joy, Krausman and Florio, JJ., concur.


Summaries of

People v. Acosta

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 629 (N.Y. App. Div. 1996)
Case details for

People v. Acosta

Case Details

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

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 629 (N.Y. App. Div. 1996)
639 N.Y.S.2d 709

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