PEOPLE v. BROWN


11 A.D.3d 474 (2004)

782 N.Y.S.2d 780

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE BROWN, Appellant.

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

October 4, 2004.


Ordered that the judgment is affirmed.

The County Court properly determined after a hearing that the People established the voluntariness of the defendant's confession beyond a reasonable doubt. On appeal, the defendant improperly relies on the defendant's trial testimony to challenge that determination. "Where, as here, the defendant fails to move to reopen a suppression hearing, he or she may not rely upon the trial testimony to challenge the suppression ruling...

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