PEOPLE v. DE MICCO (2007)

Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of sexual abuse in the second degree (Penal Law § 130.60[2] ) and one count each of sodomy in the first degree (former § 130.50 [4] ) and endangering the welfare of a child (§ 260.10[1] ).   Defendant contends that Supreme Court erred in refusing to suppress statements that he made to the police on the ground that the interrogation resulting in those statements was not electronically recorded.   We reject that contention, inasmuch as “ ‘[t]here is no Federal or State due process requirement that interrogations and confessions be electronically recorded’ ” (People v. Kunz, 31 A.D.3d 1191, 817 N.Y.S.2d 824, quoting People v. Falkenstein, 288 A.D.2d 922, 923, 732 N.Y.S.2d 817, lv. denied 97 N.Y.2d 704, 739 N.Y.S.2d 104, 765 N.E.2d 307;  see People v. Peppard, 27 A.D.3d 1143, 1144, 811 N.Y.S.2d 253, lv. denied 7 N.Y.3d 793, 821 N.Y.S.2d 823, 854 N.E.2d 1287).   Finally, the sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: