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People v. Winfield

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 698 (N.Y. App. Div. 1987)

Opinion

May 18, 1987

Appeal from the Supreme Court, Richmond County (Sullivan, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the evidence was of sufficient quality and quantity to establish the defendant's guilt beyond a reasonable doubt (CPL 470.15). Furthermore, the police officers' testimony at the pretrial hearings was not "so incredible as to warrant a reversal" (People v. Abrams, 119 A.D.2d 682, 684).

The People met their burden of effective redaction with respect to the codefendant's statement (see, Richardson v Marsh, 481 US ___, 95 L Ed 2d 176; People v. Wheeler, 62 N.Y.2d 867). Accordingly, the statement was admissible at the joint trial. In any case, the defendant withdrew his motion for a severance upon the People's assurances that the statement would be redacted.

We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Lawrence, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Winfield

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 698 (N.Y. App. Div. 1987)
Case details for

People v. Winfield

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE WINFIELD…

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

Date published: May 18, 1987

Citations

130 A.D.2d 698 (N.Y. App. Div. 1987)

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