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People v. Gilzene

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 558 (N.Y. App. Div. 2001)

Opinion

Argued February 15, 2001.

March 19, 2001.

Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered June 24, 1999, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements he made to law enforcement authorities.

Stephen J. Pittari, White Plains, N.Y. (Robert W. Stieve of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Robert K. Sauer and Richard L. Hecht of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contentions, the Supreme Court properly denied that branch of his omnibus motion which was to suppress certain statements he made to law enforcement authorities (see, People v. McPherson, 56 N.Y.2d 696, 697; People v. Prochilo, 41 N.Y.2d 759, 761; People v. Norris, 122 A.D.2d 82, 83).

The defendant's claims that certain portions of the jury charge require reversal are unpreserved for appellate review (see, CPL 470.05). In any event, the Supreme Court's charge as a whole adequately conveyed the appropriate principles of law (see, People v. Ortiz, 176 A.D.2d 681; People v. Alejandro, 175 A.D.2d 873).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Gilzene

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 558 (N.Y. App. Div. 2001)
Case details for

People v. Gilzene

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DWIGHT GILZENE, APPELLANT

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

Date published: Mar 19, 2001

Citations

281 A.D.2d 558 (N.Y. App. Div. 2001)
721 N.Y.S.2d 815