AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. FRANK MADERA, DEFENDANT-APPELLANT

Judgment unanimously affirmed. Memorandum: According the determination of the trial court the great weight to which it is entitled ( see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Hill, 175 A.D.2d 603), we conclude that County Court properly determined that defendant's confession was knowingly and voluntarily made ( see, People v. Williams, 62 N.Y.2d 285, 289-290). Defendant failed to preserve for our review his contention that the court's Sandoval ruling constituted an abuse of discretion ( see, People v. Suber, 256 A.D.2d 1086 [decided Dec. 31, 1998]; People v. Richiez, 173 A.D.2d 234, 235, lv denied 78 N.Y.2d 925). In any event, that contention lacks merit ( see, People v. Sandoval, 34 N.Y.2d 371, 375; see also, People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292). The record does not support defendant's contention that, in violation of defendant's due process rights, the court impermissibly considered uncharged conduct in sentencing defendant ( see, People v. Storelli, 216 A.D.2d 891, lv denied 86 N.Y.2d 803; cf., People v. Villanueva, 144 A.D.2d 285, lv denied 73 N.Y.2d 897). Finally, the sentence is neither unduly harsh nor severe.

Use AI to get other relevant cases.

Comments

PEOPLE v. MADERA
(Jun 18, 1999)