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.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law