PEOPLE v. RODRIGUEZ (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Rudolpho RODRIGUEZ, Defendant-Appellant.

Decided: February 04, 1999

LERNER, J.P., RUBIN, MAZZARELLI and ANDRIAS, JJ.

Leslie Catherine Perrin, for Respondent. Daniel S. Medwed, for Defendant-Appellant. Rudolpho Rodriguez, Pro Se.

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered April 25, 1995, convicting defendant, after a jury trial, of murder in the second degree and two counts of robbery in the first degree, and sentencing him to concurrent terms of 25 years to life, 121/212 to 25 years and 121/212 to 25 years, unanimously affirmed.

Defendant's motion to suppress his statements was properly denied. Defendant was not in custody (People v. Yukl, 25 N.Y.2d 585, 589, 307 N.Y.S.2d 857, 256 N.E.2d 172, cert. denied 400 U.S. 851, 91 S.Ct. 78, 27 L.Ed.2d 89) when he voluntarily appeared at a police precinct and told the officer that he was at the scene of a crime, without specifically indicating that he had participated in a crime.

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

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