PEOPLE v. BENITEZ


128 A.D.2d 628 (1987)

The People of the State of New York, Respondent, v. Salvador Benitez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 9, 1987


Ordered that the judgment is affirmed.

That branch of the defendant's omnibus motion which was to suppress statements was properly denied since it appears from the record of the Huntley hearing, which consists solely of the uncontradicted testimony of the People's witnesses, that the defendant's initial statement was not prompted by interrogation or its functional equivalent, and his subsequent statements were made after he made a knowing and voluntary waiver...

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