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People v. Bostic

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 477 (N.Y. App. Div. 1988)

Opinion

November 14, 1988

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


Ordered that the judgment is affirmed.

The hearing court properly refused to suppress, on Sixth Amendment grounds, the defendant's inculpatory postarrest statements to a detective. Once the detective ascertained from police records that the dispositions of three prior unrelated cases against the defendant were unknown, he questioned the defendant regarding the status of those cases. The defendant informed him that the cases had been "cleared up". It was reasonable for the detective to rely on the defendant's statements and to conclude that there were no other cases pending against the defendant. Accordingly, the detective was not obligated to conduct a further investigation into whether the defendant was represented by counsel in a pending case (see, People v. Lucarano, 61 N.Y.2d 138, rearg denied sub nom. People v Walker 62 N.Y.2d 803; People v. Morales, 133 A.D.2d 281; People v Marshall, 98 A.D.2d 452).

The defendant's additional challenges to the voluntariness of his statements were not advanced at the suppression hearing or at trial and are, therefore, waived (see, CPL 710.70; People v. Martin, 50 N.Y.2d 1029, 1031). Viewing the evidence in the light most favorable to the prosecution (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. 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 (CPL 470.15).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find either that they are meritless, or that any error of law with respect thereto has not been preserved for appellate review, and we decline to review them in the exercise of our interest of justice jurisdiction. Spatt, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People v. Bostic

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 477 (N.Y. App. Div. 1988)
Case details for

People v. Bostic

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH BOSTIC…

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

Date published: Nov 14, 1988

Citations

144 A.D.2d 477 (N.Y. App. Div. 1988)

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