From Casetext: Smarter Legal Research

People v. Brandon

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 859 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Burglary, 2nd Degree.

PRESENT: GREEN, A. P. J., WISNER, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his contention that the police failed to honor his right to remain silent ( see, People v. Mandrachio, 55 N.Y.2d 906, 907, cert denied 457 U.S. 1122). In any event, that contention is without merit. The record does not demonstrate that defendant made an unequivocal and unqualified assertion of his right to remain silent ( see, People v. Morton, 231 A.D.2d 927, 928, lv denied 89 N.Y.2d 944). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Brandon

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 859 (N.Y. App. Div. 2000)
Case details for

People v. Brandon

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CHARLES BRANDON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 2000

Citations

269 A.D.2d 859 (N.Y. App. Div. 2000)
703 N.Y.S.2d 803

Citing Cases

Brandon v. Sheriff

Petitioner challenges the 1996 judgment of conviction in Monroe County, for third degree rape and second…