People v. Magnetti
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Zambelli, J.), rendered December 2, 2008, convicting her of hindering prosecution in the first degree and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Under the circumstances of this case, the defendant’s Sixth Amendment right to counsel of her choice was not violated (see US Const 6th Amend; United States v Gonzalez-Lopez, 548 US 140, 144, 151 [2006]; People v Mack, 39 AD3d 882, 884 [2007]).
The defendant’s motion to dismiss the indictment in furtherance of justice was properly denied (see CPL 210.40 [1]; People v Quadrozzi, 55 AD3d 93 [2008]).
The trial court correctly declined to compel the prosecution to accept the defendant’s concession that the codefendant had committed the crime of murder in the second degree, a class A
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant’s remaining contention is without merit. Prudenti, P.J., Covello, Florio and Belen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.