In a recent New York criminal case, the New York Appellate Division affirmed the trial court decision, finding that the court had properly denied the defendant’s omnibus motion to suppress statements. Further, the appellate court denied the defendant’s claims that the lower court acted with improvidence by allowing the State to recall an expert, that evidence introduced by the State improperly appealed to the jury’s sympathy, and that the sentence imposed was excessive. The defendant was convicted of murder in the second degree by jury verdict.
Facts of the Case
According to the opinion, the defendant was convicted by a jury in the County Court of Westchester County on October 3, 2019, for murder in the second degree. The defendant’s appeal brought for review the denial, after a hearing, of the part of the defendant’s omnibus motion, which was to suppress his statements to law enforcement officials. The defendant was convicted in part based on statements he made to the police while in custody, as well as medical evidence. Those statements to law enforcement officers came after he was arrested and advised of his Miranda rights.
On appeal, the defendant made several claims, including filing an omnibus motion to suppress his statements to law enforcement officials, claiming that it was an improvident exercise of the County Court’s discretion to permit the prosecution to recall their expert witness to address an issue raised during cross-examination of a police officer, claiming that a 20-second “love you video” from the mother to the deceased child victim improperly appealed to the jury’s sympathy, and a claim that the sentence imposed was excessive.