People v. Conway
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 the trial court erred in failing to instruct the jury on the voluntariness of his statement to the police (see, CPL 710.70 [3]). Because defendant failed, during the trial, to raise a factual dispute by adducing evidence or otherwise contending that the statement was involuntarily made, the trial court was not required to submit the issue to the jury (see, CPL 710.70 [3]; People v Cefaro, 23 NY2d 283, 288; People v Betances, 165 AD2d 754, lv *1051denied 76 NY2d 1019; People v Estrada, 109 AD2d 977, 980). Further,…
2Cases cited11 opinions
- People v. CefaroNew York Court of Appeals · 1968
- People v. SmithNew York Court of Appeals · 1979
- People v. CerratoNew York Court of Appeals · 1969
- People v. EstradaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. FlechaNew York Court of Appeals · 1983
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3Cited by7 opinions
- People v. WoodsAppellate Division of the Supreme Court of the State of New York · 1997
- People v. McKeehanAppellate Division of the Supreme Court of the State of New York · 2003
- People v. StromanAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BurchAppellate Division of the Supreme Court of the State of New York · 1998
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.