PEOPLE v. ANDRADE

3210/03, 3746

87 A.D.3d 160 (2011)

927 N.Y.S.2d 648

2011 NY Slip Op 6191

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLAN ANDRADE, Appellant.

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

Decided: August 4, 2011.


Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Joseph M. Nursey of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Thomas R. Villecco and Peter D. Coddington of counsel), for respondent.

TOM, J.P., DeGRASSE, FREEDMAN and MANZANET-DANIELS, JJ., concur.


OPINION OF THE COURT

FRIEDMAN, J.

Based in significant part on self-incriminating statements he made while in police custody, defendant was convicted of shooting another person to death. By raising a challenge at trial to the voluntariness of his inculpatory statements, defendant opened the door to the introduction of the evidence the police had placed before him to elicit those statements. The admission of this evidence—a videotape of the interview...

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