PEOPLE v. UTLEY


130 A.D.2d 693 (1987)

The People of the State of New York, Respondent, v. Otis Utley, Appellant

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

May 18, 1987


Ordered that the judgment is affirmed.

The hearing record reveals that the defendant made a knowing and intelligent waiver of his rights and that he voluntarily spoke with a detective and an Assistant District Attorney. The fact that the defendant appeared tired during the videotaped statement does not negate the validity of the waiver; indeed, the hearing court observed that despite the defendant's appearance, "there was no indication whatever that he was to any...

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