PEOPLE v. CONWAY


186 A.D.2d 1050 (1992)

The People of the State of New York, Respondent, v. Jerry Conway, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 7, 1992


Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that the trial court erred in failing to instruct the jury on the voluntariness of his statement to the police (see, CPL 710.70 [3]). Because defendant failed, during the trial, to raise a factual dispute by adducing evidence or otherwise contending that the statement was involuntarily made, the trial court was not required to submit the issue to the jury (see, CPL 710...

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