People v Uniqua Smith

People v Smith 2006 NY Slip Op 06002 [31 AD3d 792] July 25, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2006

The People of the State of New York, Respondent,
v
Uniqua Smith, Appellant.

—[*1]Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered September 14, 2004, convicting her of murder in the second degree and endangering the welfare of a child, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (Molea, J.), of that branch of the defendant's omnibus motion which was to suppress her statements to law enforcement officials.

Ordered that the judgment is affirmed.

Under the circumstances of this case, there was no error denying suppression of certain incriminating statements that the defendant made to certain police officers and detectives (see People v Neulist, 43 AD2d 150, 154 [1973]).

The defendant's challenges to the legal sufficiency of the evidence are unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19-20 [1995]), and we decline to review them in the interest of justice.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are without merit. Miller, J.P., Ritter, Goldstein and Lunn, JJ., concur.