People v Toppin

2006 NY Slip Op 01190

Decided on February 14, 2006

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2006
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
2004-05749






Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Shulamit Rosenblum of
counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered June 15, 2004, convicting him of criminal possession of a weapon in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The fact that the defendant's statements were not electronically recorded was not a ground to suppress those statements (see People v Caballero, 23 AD3d 1031; People v Boyd, 21 AD3d 1428, 1429; People v Oglesby, 15 AD3d 888, 889; People v Martin, 294 AD2d 850; People v Falkenstein, 288 AD2d 922, 923; People v Ferguson, 285 AD2d 901, 902; People v Grimes, 191 AD2d 745).
CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court