Appellate Division of the Supreme Court of New York, 1994

People v. Luper

People v. Luper
Appellate Division of the Supreme Court of New York · Decided February 4, 1994
201 A.D.2d 867; 607 N.Y.S.2d 788; 1994 N.Y. App. Div. LEXIS 2020
People v. Luper

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting statements that he made during three postcrime telephone calls to the victim. Those statements consisted of a threat to burn down the house of the victim’s cousins if they did not stop saying that defendant had shot the victim, a directive that the victim not tell anyone that defendant had shot her, and a suggestion that the victim "mix up” her story. We conclude that the trial court properly admitted those statements into evidence as indicative of defendant’s consciousness of guilt (see, People v Bennett, 79 NY2d 464, 469-470; People v Shilitano, 218 NY 161, 179).

We have reviewed defendant’s remaining contention and find it to be without merit. (Appeal from Judgment of Supreme Court, Erie County, Easier, J. — Assault, 2nd Degree.) Present — Denman, P. J., Green, Balio, Lawton and Boehm, JJ.

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