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People v. Benitez

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1987
128 A.D.2d 628 (N.Y. App. Div. 1987)

Opinion

March 9, 1987

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed.

That branch of the defendant's omnibus motion which was to suppress statements was properly denied since it appears from the record of the Huntley hearing, which consists solely of the uncontradicted testimony of the People's witnesses, that the defendant's initial statement was not prompted by interrogation or its functional equivalent, and his subsequent statements were made after he made a knowing and voluntary waiver of his Miranda rights (see, People v. Williams, 62 N.Y.2d 285; People v. Rykaczewski, 121 A.D.2d 409; People v. Gloskey, 105 A.D.2d 871; People v. Baez, 79 A.D.2d 608).

The fact that approximately 14 hours had elapsed from the time of the defendant's arrest until his final statements does not require a finding that his statements were coerced where, as here, he was not subject to continuous interrogation and was permitted to eat and sleep when he was not being questioned (cf., People v. Anderson, 42 N.Y.2d 35; People v. Jackson, 41 N.Y.2d 146). Niehoff, J.P., Lawrence, Weinstein and Sullivan, JJ., concur.


Summaries of

People v. Benitez

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1987
128 A.D.2d 628 (N.Y. App. Div. 1987)
Case details for

People v. Benitez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVADOR BENITEZ…

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

Date published: Mar 9, 1987

Citations

128 A.D.2d 628 (N.Y. App. Div. 1987)

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