Opinion
124
February 5, 2002.
Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered May 12, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
ELIZABETH F. BERNHARDT, for respondent.
GEORGIA J. HINDE, for defendant-appellant.
Before: Mazzarelli, J.P., Saxe, Sullivan, Wallach, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. Defendant's guilt was established by extensive circumstantial evidence connecting defendant with the crime as well as by his written and videotaped confessions. At trial, the People clearly established the voluntariness of these statements (see, CPL 60.45) under the totality of circumstances (see, Arizona v. Fulminante, 499 U.S. 279; People v. Anderson, 42 N.Y.2d 35, 38; see also, People v. Centano, 76 N.Y.2d 837), as well as establishing their reliability. To the extent that defendant is also challenging the court's ruling denying suppression of these statements, we similarly find such ruling to be supported by the hearing record.
The court's limited marshaling of evidence in connection with its explanation of the concept of circumstantial evidence was sufficiently balanced and did not deprive defendant of a fair trial (see, People v. Culhane, 45 N.Y.2d 757, 758, cert denied 439 U.S. 1047).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.