People v. Albert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that Supreme Court erred in refusing to give a Dawson instruction (see, People v Dawson, 50 NY2d 311). Such an instruction is not necessary where, as here, the People did not argue that the alibi testimony of defendant’s mother should be rejected because she had delayed in coming forward with an alibi for defendant (cf., People v Burgos, 50 NY2d 992). The court properly admitted defendant’s entire statement to the police (see, People v Ventimiglia, 52 NY2d 350; People v Vails, 43 NY2d 364). We reject the arguments of…
2Cases cited7 opinions
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. DawsonNew York Court of Appeals · 1980
- People v. PenaNew York Court of Appeals · 1980
- People v. VailsNew York Court of Appeals · 1977
- People v. MirendaNew York Court of Appeals · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. HindsAppellate Division of the Supreme Court of the State of New York · 2005