PEOPLE v. LOPEZ


187 A.D.2d 383 (1992)

The People of the State of New York, Respondent, v. Harry Lopez, Appellant

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

November 19, 1992


Defendant has failed to preserve his argument that the court erred in failing to charge the jury that the prosecution had to prove beyond a reasonable doubt that defendant made an oral confession to the arresting police officer and that he did so voluntarily (CPL 470.05 [2]; People v Cefaro, 23 N.Y.2d 283, 288-289). In any case, since defendant did not dispute the voluntariness of the statement at trial, the court was not required...

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