| People v Heyward |
| 2008 NY Slip Op 03023 [50 AD3d 699] |
| April 1, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamelHeyward, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Sharon Y. Brodt of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.),rendered August 4, 2005, convicting him of murder in the second degree and robbery in the firstdegree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of his due process right to a fair trialbecause the trial court did not instruct the jury to consider the alleged prearraignment delay andfalse promises made to him when assessing the voluntariness of his statements is unpreserved forappellate review (see CPL 470.05 [2]; People v Quinones, 41 AD3d 868 [2007]; People v Vasquez, 11 AD3d 643,644 [2004]; People v Lemos, 244 AD2d 429, 430 [1997]). In any event, this contention iswithout merit. The record fails to support the claim that law enforcement officials deliberatelydelayed the defendant's arraignment to procure a confession (see People v Bryan, 43 AD3d 447, 448 [2007]). Likewise, therecord fails to support the conclusion that the defendant's statements to law enforcement officialswere made in response to a false promise of leniency (see People v Lorandos, 13 AD3d 394 [2004]; People vDarvie, 224 AD2d 442 [1996]). Furthermore, we note that under the circumstances of thiscase, the charge provided to the jury on assessing the voluntariness of the defendant's statementswas sufficient (see generally People v Watts, 57 NY2d 299, 301-302 [1982]; People vSnyder, 294 AD2d 381, 382 [2002]; People v Quinones, 184 AD2d 535, 536[1992]). Lifson, J.P., Florio, Eng and Chambers, JJ., concur.