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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 664 (N.Y. App. Div. 1985)

Opinion

December 23, 1985

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


Judgment affirmed.

Approximately five hours after being advised of and waiving his Miranda rights, defendant made an inculpatory statement. The defendant was in continuous police custody during that period, and a review of the record reveals no evidence of coercion by the authorities or that the statement was not voluntarily made. Accordingly, that branch of the motion which was to suppress the inculpatory statement was properly denied (see, People v Glinsman, 107 A.D.2d 710, lv. denied 64 N.Y.2d 889, cert. denied ___ US ___, 105 S Ct 3487; People v Crosby, 91 A.D.2d 20, lv. denied 58 N.Y.2d 974).

The remainder of defendant's contentions have been examined and found to be without merit or unpreserved for appellate review. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 664 (N.Y. App. Div. 1985)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS MARTINEZ…

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

Date published: Dec 23, 1985

Citations

115 A.D.2d 664 (N.Y. App. Div. 1985)

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