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PEOPLE v. SIMMONS

2435, 131/14.

145 A.D.3d 501 (2016)

2016 NY Slip Op 08311

43 N.Y.S.3d 38

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TORAIN SIMMONS, Appellant.

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

Decided December 8, 2016.

The court properly denied defendant's request for a voluntariness charge regarding recorded phone calls he made while incarcerated pending trial. Defendant introduced no evidence that created a factual dispute for the jury to resolve regarding the voluntariness of these calls (see People v Cefaro, 23 N.Y.2d 283, 286 [1968]). CPL 60.45 is inapplicable because no public servant, or anyone else, did anything to obtain statements...

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