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People v. Rodriguez

247 A.D.2d 291 Court N.Y. App. Div. Decision date 1998-02-19 English

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

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p. 291
The People of the State of New York, Respondent, v Israel Rodriguez, Appellant.
[668 NYS2d 457]

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

p. 292
concurrent 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.

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