Citation Numbers: 11 A.D.3d 473, 782 N.Y.S.2d 371, 2004 N.Y. App. Div. LEXIS 11566
Filed Date: 10/4/2004
Status: Precedential
Modified Date: 11/1/2024
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered December 9, 1998, as amended December 11, 1998, convicting him of murder in the second degree (three counts), robbery in the first degree (two counts), robbery in the
Ordered that the judgment, as amended, is affirmed.
The Supreme Court correctly found that the ruse used by the police to convince the defendant to leave his home was not coercive or so fundamentally unfair as to deny due process (see Payton v New York, 445 US 573, 576 [1980]; People v Minley, 68 NY2d 952 [1986]; People v Tarsia, 50 NY2d 1, 11 [1980]; People v Rosario, 186 AD2d 598 [1992]; People v Ross, 158 AD2d 560, 561 [1990]; People v Hill, 138 AD2d 629 [1988]; cf. People v Jefferson, 43 AD2d 112, 113 [1973]).
The defendant’s remaining contentions either are unpreserved for appellate review or do not require reversal. Smith, J.P., Crane, Cozier and Lifson, JJ., concur.