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People v. Rispoli

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 746 (N.Y. App. Div. 1996)

Opinion

April 29, 1996

Appeal from the Supreme Court, Richmond County (Kuffner, J.).


Ordered that the judgment is affirmed.

The defendant was convicted of murder in the second degree for intentionally choking a woman to death. A police officer testified at the trial that the defendant offered to help with the investigation and voluntarily accompanied her to the precinct. Later, while discussing his meeting with the victim the previous evening, the defendant said "I choked her". Upon making the statement, the defendant was given Miranda warnings ( see, Miranda v. Arizona, 384 U.S. 436), and thereafter gave a detailed confession. At trial, the court instructed the jury to consider the adequacy of the Miranda warnings and the voluntariness of the defendant's post- Miranda confession. On appeal, the defendant challenges the court's failure to instruct the jury to also consider the voluntariness of the defendant's pre- Miranda statement. However, by not specifically requesting a jury instruction to consider the voluntariness of the defendant's pre- Miranda statement, or objecting to the charge on this ground, the defendant failed to preserve this issue for appellate review ( see, CPL 470.05; People v. Cerrato, 24 N.Y.2d 1, 10). Miller, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Rispoli

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 746 (N.Y. App. Div. 1996)
Case details for

People v. Rispoli

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN RISPOLI, Appellant

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

Date published: Apr 29, 1996

Citations

226 A.D.2d 746 (N.Y. App. Div. 1996)
641 N.Y.S.2d 693

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