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People v. Gill

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 519 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court correctly denied suppression of physical evidence and the written and videotape statements he made to law enforcement officials. Specifically, the defendant failed to establish a reasonable expectation of privacy in the apartment searched, and, thus, lacked standing to challenge the warrantless entry into the premises by the police and their subsequent search and seizure ( see, People v. Wesley, 73 N.Y.2d 351; People v. Rodriguez, 69 N.Y.2d 159; People v. Benn, 172 A.D.2d 756; People v. Mills, 159 A.D.2d 520; People v. Daniel, 152 A.D.2d 742; cf., People v. Williams, 181 A.D.2d 474). Likewise, the court correctly found that the defendant's written and videotaped statements to law enforcement officials were made after his knowing, intelligent, and voluntary waiver of his Miranda rights ( see, People v Huntley, 15 N.Y.2d 72; People v. Springer, 221 A.D.2d 386; People v. Sohn, 148 A.D.2d 553).

The sentence imposed was neither illegal nor excessive ( see, People v. Motley, 116 A.D.2d 596; People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions lack merit.

Rosenblatt, J.P., Thompson, Pizzuto and Friedmann, JJ., concur.


Summaries of

People v. Gill

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 519 (N.Y. App. Div. 1997)
Case details for

People v. Gill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVER GILL, Appellant

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

Date published: May 5, 1997

Citations

239 A.D.2d 519 (N.Y. App. Div. 1997)
658 N.Y.S.2d 946

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