Appellate Division of the Supreme Court of New York, 1998

People v. Rodriguez

People v. Rodriguez
Appellate Division of the Supreme Court of New York · Decided February 19, 1998 · Andrias, Ellerin, Mazzarelli, Nardelli
247 A.D.2d 291; 668 N.Y.S.2d 457; 1998 N.Y. App. Div. LEXIS 1533
People v. Rodriguez

Opinion of the Court

Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered July 23, 1993, convicting defendant, after a jury trial, of murder in the second degree, robbery in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to *292concurrent terms of 25 years to life, 12½ to 25 years, 5 to 10 years, and. 3½ to 7 years, consecutive to a term of 3½ to 7 years on conviction of assault in the second degree, unanimously affirmed.

The court’s instruction on reasonable doubt, read as a whole, conveyed the appropriate standards (see, People v.Cubino, 88 NY2d 998; People v White, 228 AD2d 209, lv denied 88 NY2d 1072), as did its instruction on the question of the voluntariness of defendant’s statements (see, People v Kelly, 238 AD2d 220, lv denied 90 NY2d 895).

Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.