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People v. Rada

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 379 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

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


Ordered that the judgment is affirmed.

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's contention that the hearing court erred in denying suppression of his inculpatory statements to the police is without merit. The record clearly supports the court's determination that the statements were voluntarily made rather than the product of coercive tactics, and there is no basis to disturb that determination (see, People v Sirno, 76 N.Y.2d 967; see also, People v Figueras, 199 A.D.2d 409).

The remarks by the prosecutor in the summation were fair comment on the evidence and constituted legitimate responses to the defense counsel's summation (see, People v Galloway, 54 N.Y.2d 396; see also, People v Ashwal, 39 N.Y.2d 105).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Miller, J.P., Thompson, Ritter and Krausman, JJ., concur.


Summaries of

People v. Rada

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 379 (N.Y. App. Div. 1995)
Case details for

People v. Rada

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RADA, Appellant

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 379 (N.Y. App. Div. 1995)
633 N.Y.S.2d 1009