PEOPLE v. KUNZ (2006)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Robert J. KUNZ, Defendant-Appellant.

Decided: July 07, 2006

PRESENT: PIGOTT, JR., P.J., HURLBUTT, MARTOCHE, SMITH, AND GREEN, JJ.

Edward J. Nowak, Public Defender, Rochester (William Clauss of Counsel), for Defendant-Appellant. Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree (Penal Law § 130.75[1][a] ). County Court properly refused to suppress statements made by defendant to the police on the ground that the interrogation resulting in those statements was not electronically recorded. Contrary to defendant's contention, “[t]here is no Federal or State due process requirement that interrogations and confessions be electronically recorded” (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). 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:

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