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People v. Bush

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 2005
23 A.D.3d 1066 (N.Y. App. Div. 2005)

Opinion

KA 04-01388.

November 10, 2005.

Appeal from a judgment of the Chautauqua County Court (John T. Ward, Jr., J.), rendered February 11, 2002. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and robbery in the second degree.

ERICKSON WEBB SCOLTON HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR DEFENDANT-APPELLANT.

DAVID W. FOLEY, DISTRICT ATTORNEY, MAYVILLE (JASON L. SCHMIDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present: Hurlbutt, J.P., Scudder, Gorski, Smith and Lawton, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25) and robbery in the second degree (§ 160.10 [3]). Contrary to the contention of defendant, County Court properly refused to suppress his written statement that he gave to the police. The record of the suppression hearing does not support the contention of defendant that he made an unequivocal request for counsel during questioning ( see People v. Lynch, 13 AD3d 1142, lv denied 4 NY3d 800). The sentence is not unduly harsh or severe.


Summaries of

People v. Bush

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 2005
23 A.D.3d 1066 (N.Y. App. Div. 2005)
Case details for

People v. Bush

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN D. BUSH, JR.…

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

Date published: Nov 10, 2005

Citations

23 A.D.3d 1066 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8448
803 N.Y.S.2d 492