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PEOPLE v. SMITH

174 A.D.2d 701 (1991)

The People of the State of New York, Respondent, v. Jimmy Smith, Appellant

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

June 17, 1991

Ordered that the judgment is affirmed.

The defendant argues that the court should have suppressed a portion of his statement that followed his invocation of the right to remain silent. We disagree. During the hearing, the defendant never claimed that the police failed to honor his right to remain silent and, therefore, that issue is not preserved for appellate review as a matter of law (see, People v Mandrachio...

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