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People v. Benedetto

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 480 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

Appeal from the Supreme Court, Kings County (Owens, J.).


Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that the hearing court erred in refusing to suppress his first written statement, made after he was advised of, and waived, his Miranda rights. Although the defendant was asked questions by an officer at the crime scene prior to receiving the Miranda warnings, he was not subject to any additional questioning during the approximately two-hour period before being advised of his rights at the precinct and then making the written statement to a detective. Therefore, the statement was admissible as it was not the product of a continuous interrogation ( see, People v. Hawthorne, 160 A.D.2d 727; see also, People v. Armstrong, 210 A.D.2d 182; People v. Abreu, 184 A.D.2d 707; People v. Velasquez, 171 A.D.2d 825; People v. Perry, 144 A.D.2d 706).

The defendant's remaining contentions are without merit.

Pizzuto, J. P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

People v. Benedetto

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 480 (N.Y. App. Div. 1998)
Case details for

People v. Benedetto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMASSO BENEDETTO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 1998

Citations

248 A.D.2d 480 (N.Y. App. Div. 1998)
669 N.Y.S.2d 383

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