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People v. Gil

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 589 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered September 22, 1998, convicting him of burglary in the second degree, burglary in the third degree (two counts), criminal mischief in the fourth degree, and petit larceny, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Roman, J.), of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement authorities.

M. Sue Wycoff, New York, N.Y. (Annamatesha N. Beason of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Beverly Kalman of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The record supports the hearing court's determination that the statement made by the defendant before he was given the Miranda warnings was spontaneous and not the product of police interrogation or its functional equivalent (see, People v. Winfield, 267 A.D.2d 486; People v. Georgiou, 236 A.D.2d 623; People v. Hylton, 198 A.D.2d 301; People v. Garcia, 190 A.D.2d 749; Miranda v. Arizona, 384 U.S. 436).


Summaries of

People v. Gil

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 589 (N.Y. App. Div. 2001)
Case details for

People v. Gil

Case Details

Full title:THE PEOPLE, etc., RESPONDENT, v. PATRICK GIL, APPELLANT. (Ind. No. 3523/97)

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

Date published: Jan 25, 2001

Citations

279 A.D.2d 589 (N.Y. App. Div. 2001)
719 N.Y.S.2d 607