PEOPLE v. DELEON (1999)

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

The PEOPLE, etc., respondent, v. Eliseo DELEON, appellant.

Decided: June 07, 1999

DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN and ROBERT W. SCHMIDT, JJ.

Lynn W.L. Fahey, New York, N.Y. (Katherine R. Schaefer of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Jodi L. Mandel, and Scott R. Emery of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered March 13, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The trial court properly refused to admit into evidence a videotaped statement of the defendant, made after he had ample opportunity to reflect (see, People v. Dalton, 88 N.Y.2d 561, 647 N.Y.S.2d 697, 670 N.E.2d 1328; People v. Williams, 203 A.D.2d 498, 499, 610 N.Y.S.2d 596). The videotaped statement was irrelevant unless offered for its truth and therefore constituted inadmissible hearsay (see, People v. Reynoso, 73 N.Y.2d 816, 537 N.Y.S.2d 113, 534 N.E.2d 30).

MEMORANDUM BY THE COURT.

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