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The People of the State of New York, Respondent, v. Eliseo Deleon, Appellant

New York Supreme Court, Appellate Division1999-06-07
262 A.D.2d 421692 N.Y.S.2d 94

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Opinion

majority opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gorges, J.), rendered March 13, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly refused to admit into evidence a videotaped statement of the defendant, made after he had ample opportunity to reflect (see, People v Dalton, 88 NY2d 561; People v Williams, 203 AD2d 498, 499). The videotaped statement was irrelevant unless offered for its truth and therefore constituted inadmissible hearsay (see, People v Rey noso, 73 NY2d 816). Ritter, J. P., Joy, Goldstein and Schmidt, JJ., concur.