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People v. Irizarry

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1998
249 A.D.2d 563 (N.Y. App. Div. 1998)

Opinion

April 27, 1998

Appeal from the Supreme Court, Queens County (Cohen, J., at trial; O'Dwyer, J., at sentencing).

Ordered that the judgment is affirmed.


The defendant's exculpatory statements which he made upon his arrest were made after he had the opportunity to reflect and possibly fabricate (see, People v. Dalton, 217 A.D.2d 587, affd 88 N.Y.2d 561). Accordingly, those statements were not admissible as excited utterances (see, People v. Sostre, 51 N.Y.2d 958).

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

Rosenblatt, J.P., Copertino, Goldstein and McGinity, JJ., concur.


Summaries of

People v. Irizarry

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1998
249 A.D.2d 563 (N.Y. App. Div. 1998)
Case details for

People v. Irizarry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY IRIZARRY…

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

Date published: Apr 27, 1998

Citations

249 A.D.2d 563 (N.Y. App. Div. 1998)
671 N.Y.S.2d 331