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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 721 (N.Y. App. Div. 1995)

Opinion

March 29, 1995

Appeal from the Supreme Court, Kings County (DeLury, J.).


Ordered that the judgment is affirmed.

The defendant's contention that certain inculpatory statements that he made to law enforcement officials should have been suppressed because they were coerced from him is without merit. The hearing court's determination that the defendant made those statements voluntarily is clearly supported by the record, and thus will not be set aside on this appeal (see, People v Prochilo, 41 N.Y.2d 759).

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. 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 defendant, with the advice of his attorney, specifically waived his right to appeal most of the issues which the defendant now seeks to raise with respect to jury selection. Those issues which the defendant did not waive are either unpreserved for appellate review or without merit (see, People v. Hernandez, 75 N.Y.2d 350, 356, affd 498 U.S. 894). Lawrence, J.P., Santucci, Friedmann and Florio, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 721 (N.Y. App. Div. 1995)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DAVIS, Appellant

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

Date published: Mar 29, 1995

Citations

213 A.D.2d 721 (N.Y. App. Div. 1995)
624 N.Y.S.2d 953