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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN SHIRLEY, Appellant.

Judgment affirmed.

The record supports the hearing court's finding that the defendant's statements made to the police on January 23, 1978, were not obtained in violation of his constitutional rights. In this regard, the defendant knowingly, voluntarily and intelligently waived his rights upon being informed of the same by the police. With respect to the defendant's contention that the trial court erred in not charging certain lesser included offenses, we note that no reasonable view of the evidence supported a charge as to either conspiracy in the third degree or grand larceny in the third degree (see, People v Glover, 57 N.Y.2d 61, 63). The defendant's contention that the accomplice testimony was not corroborated as required by CPL 60.22 (1) is without merit, as the defendant's admission was sufficient to satisfy the statutory requirement (see, People v Burgin, 40 N.Y.2d 953).

We have reviewed the defendant's remaining contentions in his main brief and in his pro se brief and find them to be without merit. Mollen, P.J., Weinstein, Lawrence and Kunzeman, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. SHIRLEY
(Sep 22, 1986)