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People v. Ortega

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 360 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

Appeal from the Supreme Court, Queens County (Robinson, J.).


Ordered that the judgment is affirmed.

We agree with the Supreme Court that the inculpatory statements made by the defendant to the police while he was in the hospital were admissible at trial. The statements were not the product of custodial interrogation, but were elicited in the course of the police department's investigation ( see, People v. Phinney, 22 N.Y.2d 288; People v. Stackhouse, 160 A.D.2d 822).

The sentence imposed was not harsh or excessive ( see, People v. Suitte, 90 A.D.2d 80).

O'Brien, J.P., Sullivan, Krausman and Florio, JJ., concur.


Summaries of

People v. Ortega

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 360 (N.Y. App. Div. 1998)
Case details for

People v. Ortega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. LUIS ORTEGA, Appellant

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 360 (N.Y. App. Div. 1998)
682 N.Y.S.2d 226

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