People v. Simmons

Judgment, Supreme Court, New York County (Patricia M. Núñez, J.), rendered March 12, 2015, convicting defendant, after a jury trial, of burglary in the second degree and petit larceny, and sentencing him to an aggregate term of five years, unanimously affirmed.

The court properly denied defendant’s request for a voluntariness charge regarding recorded phone calls he made while incarcerated pending trial. Defendant introduced no evidence that created a factual dispute for the jury to resolve regarding the voluntariness of these calls (see People v Cefaro, 23 NY2d 283, 286 [1968]). CPL 60.45 is…