Opinion
KA 01-01773
October 1, 2002.
Appeal from a judgment of Onondaga County Court (Fahey, J.), entered May 16, 2001, convicting defendant after a jury trial of, inter alia, murder in the second degree (two counts).
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of, inter alia, two counts of murder in the second degree (Penal Law § 125.25). County Court properly denied the motion of defendant to suppress his statements to police. Contrary to the contention of defendant, the record supports the court's determination that he knowingly, intelligently and voluntarily waived his Miranda rights ( see People v. Isaac, 265 A.D.2d 924, lv denied 94 N.Y.2d 881). Defendant failed to preserve for our review his contention that accomplice testimony was not sufficiently corroborated and that the conviction therefore is not supported by legally sufficient evidence ( see People v. Adams, 278 A.D.2d 920, 922, lv denied 96 N.Y.2d 825; People v. Parsons, 275 A.D.2d 933, 934, lv denied 95 N.Y.2d 937, cert denied 532 U.S. 998). In any event, that testimony "was more than amply corroborated by * * * defendant's confession" ( People v. Patterson, 194 A.D.2d 812, 812, lv denied 82 N.Y.2d 724; see People v. Burgin, 40 N.Y.2d 953, 954). The sentence is not unduly harsh or severe.