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People v. Portier

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 500 (N.Y. App. Div. 2000)

Opinion

Submitted June 12, 2000.

October 2, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Goodman, J.), rendered June 10, 1997, convicting him of murder in the second degree (two counts), robbery in the first degree (two counts), robbery in the second degree, and criminal possession of a weapon in the third 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 officials.

Virginia Boccio, N. Massapequa, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Karen Wigle Weiss, Noreen Healey, and Denise Pavlides of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The hearing court properly denied suppression of the defendant's statements to law enforcement officials. A reasonable person, innocent of any crime, would not have believed that he was in custody at the time the statements were made (see, People v. Yukl, 25 N.Y.2d 585; People v. Parsad, 243 A.D.2d 510).

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 sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.


Summaries of

People v. Portier

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 500 (N.Y. App. Div. 2000)
Case details for

People v. Portier

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. BLAIR PORTIER, APPELLANT. (IND. NO. 92816)

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

Date published: Oct 2, 2000

Citations

276 A.D.2d 500 (N.Y. App. Div. 2000)
713 N.Y.S.2d 883

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