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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL BURGOS, Appellant.

Ordered that the judgment is affirmed.

We reject the defendant's contention that he was denied his right to present a defense by the court's refusal to marshal his specific contentions regarding the jury's determination of the voluntariness of his statements. The court's charge on the voluntariness of the defendant's statements adequately conveyed to the jury the correct standard it was to apply in reaching a decision in this regard ( see, People v. Canty, 60 N.Y.2d 830; People v. Russell, 266 N.Y. 147; CPL 300.10; People v. Bowen, 134 A.D.2d 356; see also, People v. Andujas, 79 N.Y.2d 113).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

Pizzuto, J. P., Santucci, Joy and Florio, JJ., concur.

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PEOPLE v. BURGOS
(Nov 24, 1997)