PEOPLE v. BENNETT, 56 N.Y.2d 837 (1982)

438 N.E.2d 870, 453 N.Y.S.2d 164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG A. BENNETT, Appellant.

Court of Appeals of the State of New York.Argued May 5, 1982
Decided June 8, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH HARRIS, J.

Page 838

Stephen R. Coffey for appellant.

Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.

Page 839

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At the arraignment, defendant was provided with written notice that the People intended to offer as evidence at trial both a written and an oral statement. (See CPL 710.30, subd 1.) Thereafter, the People agreed to provide defendant with a copy of the written confession. Defendant also was informed that the “sum and substance” of his oral statement was contained in that writing.

The trial court found that the oral admission was substantially the same as the written confession, and that finding was affirmed by the Appellate Division. There being no basis in the record to disturb the conclusion of both courts below that the oral statement was substantially the same as the written one, we cannot say, as a matter of law, that the People failed to comply with the requirements of CPL 710.30.

We have considered defendant’s remaining contention and have found it to be without merit.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed in a memorandum.

jdjungle

Share
Published by
jdjungle

Recent Posts

CORDAS v. PEERLESS TRANSP. CO., 27 N.Y.S.2d 198 (1941)

27 N.Y.S.2d 198 CORDAS et al. v. PEERLESS TRANSP. CO. et al. City Court of…

6 days ago

WOOD v. DUFF-GORDON, Wood v. Duff-Gordon, 222 N.Y. 88 (1917)

222 N.Y. 88 (1917) Dec 4, 1917 · New York Court of Appeals Otis F. Wood, Appellant,…

2 weeks ago

RAHABI v. MORRISON, 81 A.D.2d 434

81 A.D.2d 434 (1981) 440 N.Y.S. 2d 941 Aharon Rahabi, Appellant, v. Jack Morrison et…

3 weeks ago

MATTER OF SCHLINGER, 48 Misc.2d 345 (1965)

48 Misc.2d 345 (1965) In the Matter of The Estate of Joseph Schlinger, Deceased. Surrogate's…

3 weeks ago

BARTOLONE v. JECKOVICH, 481 N.Y.S. 2d 545 (1984).

103 A.D.2d 632 (1984)481 N.Y.S. 2d 545 Angelo J. Bartolone, Appellant, v. Lynne A. L.…

3 weeks ago

Matter of C.C. v D.C., 2025 NY Slip Op 05017 (Sept. 18, 2025)

Matter of C.C. v D.C. 2025 NY Slip Op 05017 Decided on September 18, 2025…

2 months ago