From Casetext: Smarter Legal Research

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1997
241 A.D.2d 526 (N.Y. App. Div. 1997)

Opinion

July 21, 1997

Appeal from the County Court, Suffolk County (Tisch, J.).


Ordered that the judgment is affirmed.

Having failed to argue before the hearing court that his statements to law enforcement authorities should be suppressed as the product of police coercion and abuse, the defendant's contention in this regard is unpreserved for appellate review (see, CPL 470.05; People v. Claudio, 64 N.Y.2d 868; People v Tutt, 38 N.Y.2d 1011; People v. Manuli, 156 A.D.2d 388). In any event, the court properly denied suppression of the statements inasmuch as the evidence adduced at the hearing established that they were made after the defendant knowingly, intelligently, and voluntarily waived his Miranda rights (see, People v. Huntley, 15 N.Y.2d 72; People v. Springer, 221 A.D.2d 386).

Also unpreserved for appellate review is the defendant's contention that his conviction was not supported by legally sufficient evidence (see, CPL 470.05; People v. Cannon, 224 A.D.2d 439). In any event, 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 (see, Penal Law § 125.25; § 160.15 [4]). 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 sentence imposed was not excessive (see, People v. Brooks, 209 A.D.2d 427; People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit (see, People v. Taranovich, 37 N.Y.2d 442; People v. Flores, 84 N.Y.2d 184; People v. Baldi, 54 N.Y.2d 137, People v. Crimmins, 36 N.Y.2d 230).

Ritter, J. P., Sullivan, Santucci and McGinity, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1997
241 A.D.2d 526 (N.Y. App. Div. 1997)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAHSHON JACKSON…

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

Date published: Jul 21, 1997

Citations

241 A.D.2d 526 (N.Y. App. Div. 1997)
663 N.Y.S.2d 988

Citing Cases

People v. Rivera

The contention is unpreserved for appellate review, as the defendant failed to raise that specific claim…

People v. Nau

The defendant's contention that he did not knowingly, voluntarily, and intelligently waive his Miranda rights…