PEOPLE v. ALLNUTT


148 A.D.2d 993 (1989)

The People of the State of New York, Respondent, v. Kenneth A. Allnutt, Appellant. (Appeal No. 1.)

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

March 10, 1989


Judgment unanimously affirmed.

Memorandum:

Defendant contends that the trial court erred in denying his motion to suppress his inculpatory statement. Defendant was present when the police, pursuant to a warrant, searched his residence. The People admit, as found by the suppression court, that defendant was in custody prior to his statement and had invoked his right to counsel. Further, no Miranda warnings had been given defendant.

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