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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1995
220 A.D.2d 704 (N.Y. App. Div. 1995)

Opinion

October 23, 1995

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


Ordered that the judgment is affirmed.

The defendant's contention that he did not voluntarily waive his Miranda rights prior to making certain statements to the police is unpersuasive. At the suppression hearing, the prosecution established the legality of the police conduct and that the defendant voluntarily waived his rights. Thereafter, the defendant offered no evidence and, thus, failed to meet his burden of persuasion concerning his state of mind at the time of his waiver (see, People v. Love, 57 N.Y.2d 998; People v Billington, 163 A.D.2d 911; People v. Chavis, 147 A.D.2d 582).

The defendant's remaining contention is without merit. Rosenblatt, J.P., Pizzuto, Altman and Hart, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1995
220 A.D.2d 704 (N.Y. App. Div. 1995)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN SMITH, Appellant

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

Date published: Oct 23, 1995

Citations

220 A.D.2d 704 (N.Y. App. Div. 1995)
633 N.Y.S.2d 71

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