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People v. Shirley

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1986
123 A.D.2d 407 (N.Y. App. Div. 1986)

Opinion

September 22, 1986

Appeal from the County Court, Dutchess County (Vogt, J.).


Judgment affirmed.

The record supports the hearing court's finding that the defendant's statements made to the police on January 23, 1978, were not obtained in violation of his constitutional rights. In this regard, the defendant knowingly, voluntarily and intelligently waived his rights upon being informed of the same by the police. With respect to the defendant's contention that the trial court erred in not charging certain lesser included offenses, we note that no reasonable view of the evidence supported a charge as to either conspiracy in the third degree or grand larceny in the third degree (see, People v Glover, 57 N.Y.2d 61, 63). The defendant's contention that the accomplice testimony was not corroborated as required by CPL 60.22 (1) is without merit, as the defendant's admission was sufficient to satisfy the statutory requirement (see, People v Burgin, 40 N.Y.2d 953).

We have reviewed the defendant's remaining contentions in his main brief and in his pro se brief and find them to be without merit. Mollen, P.J., Weinstein, Lawrence and Kunzeman, JJ., concur.


Summaries of

People v. Shirley

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1986
123 A.D.2d 407 (N.Y. App. Div. 1986)
Case details for

People v. Shirley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN SHIRLEY…

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

Date published: Sep 22, 1986

Citations

123 A.D.2d 407 (N.Y. App. Div. 1986)

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