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People v. Speciale

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 811 (N.Y. App. Div. 1993)

Opinion

November 19, 1993

Appeal from the Oneida County Court, Murad, J.

Present — Pine, J.P., Lawton, Fallon, Doerr and Davis, JJ.


Judgment unanimously affirmed. Memorandum: By failing to raise the invalidity of the arrest warrant as a ground for suppression of his later statement and of the victim's identification testimony, defendant has failed to preserve that issue for review (see, People v Fenner, 61 N.Y.2d 971, 973; People v Hall, 61 N.Y.2d 834, 835; People v Cintron, 118 A.D.2d 650; People v Arnette, 111 A.D.2d 861, 862, lv denied 65 N.Y.2d 976). The record of the suppression hearing amply supports the suppression court's conclusion that defendant's statement was spontaneous and not the product of custodial interrogation. We conclude that defendant's conviction for sodomy in the first degree is supported by sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).


Summaries of

People v. Speciale

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 811 (N.Y. App. Div. 1993)
Case details for

People v. Speciale

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER J. SPECIALE…

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

Date published: Nov 19, 1993

Citations

198 A.D.2d 811 (N.Y. App. Div. 1993)
605 N.Y.S.2d 1013

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