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People v. Simmons

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 986 (N.Y. App. Div. 1985)

Opinion

December 20, 1985

Appeal from the Monroe County Court, Bergin, J.

Present — Dillon, P.J., Doerr, Boomer, Green and O'Donnell, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction for assault in the second degree (Penal Law § 120.05). His primary argument on appeal is that he was denied a hearing as to the authenticity of a statement the prosecution claims defendant made after his arrest (see, CPL 60.45, 710. 20 Crim. Proc. [3]).

The purpose of such a hearing is to ensure an objective judicial determination of the voluntariness of a defendant's statement (People v Huntley, 15 N.Y.2d 72). Here defendant claims he never made any statement to the police so there is no question of coercion or involuntariness. In any event, whether the defendant made the statement would be a factual question for the jury to resolve (see, People v Washington, 51 N.Y.2d 214).

We have reviewed the other claims of error and find them without merit.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 986 (N.Y. App. Div. 1985)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH SIMMONS…

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

Date published: Dec 20, 1985

Citations

115 A.D.2d 986 (N.Y. App. Div. 1985)