People v. Bennett

Decision Date08 June 1982
Parties, 438 N.E.2d 870 The PEOPLE of the State of New York, Respondent, v. Craig A. BENNETT, Appellant.
CourtNew York Court of Appeals Court of Appeals
Stephen R. Coffey, Albany, for appellant.
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 80 A.D.2d 68, 438 N.Y.S.2d 389 should be affirmed.

At the arraignment, defendant was provided with written notice that the People intended to offer as evidence at trial both a written and an oral statement. (See CPL 710.30, subd. 1.) Thereafter, the People agreed to provide defendant with a copy of the written confession. Defendant also was informed that the "sum and substance" of his oral statement was contained in that writing.

The trial court found that the oral admission was substantially the same as the written confession, and that finding was affirmed by the Appellate Division. There being no basis in the record to disturb the conclusion of both courts below that the oral statement was substantially the same as the written one, we cannot say, as a matter of law, that the People failed to comply with the requirements of CPL 710.30.

We have considered defendant's remaining contention and have found it to be without merit.

COOKE, C.J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order affirmed in a memorandum.

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  • People v. Strothers
    • United States
    • New York Supreme Court — Appellate Division
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  • People v. Slater
    • United States
    • New York Supreme Court — Appellate Division
    • October 25, 1990
    ...(see, People v. Brooks, 121 A.D.2d 392, 503 N.Y.S.2d 103; People v. Bennett, 80 A.D.2d 68, 71, 438 N.Y.S.2d 389, affd 56 N.Y.2d 837, 453 N.Y.S.2d 164, 438 N.E.2d 870). Moreover, here defendant was actually cognizant of the statements in time to meaningfully prepare for the hearing (see, Peo......
  • People v. Olds
    • United States
    • New York Supreme Court
    • July 11, 1988
    ...Division decision in People v. Bennett, 80 A.D.2d 68, 438 N.Y.S.2d 389 (3d Dept. 1981), aff'd on limited grounds, 56 N.Y.2d 837, 453 N.Y.S.2d 164, 438 N.E.2d 870 (1982), two decisions which pre-dated O'Doherty. The People assert the late notice was justified because the later disclosed stat......
  • State v. Coon
    • United States
    • New York Court of Appeals Court of Appeals
    • April 28, 2011
    ...oral or written statements were made and of the sum and substance of those statements (see, People v. Lopez, supra at p. 428; People v. Bennett. 56 N.Y.2d 837.453 N.Y.S.2d 164.438 N.E.2d 870; People v. Luporte. 184 A.D.2d 803.804-805.584 N.Y.S.2d 662.lv. denied 80 N.Y.2d 905. 588 N.Y.S.2d 8......
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