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PEOPLE v. SMITH

197 A.D.2d 352 (1993)

602 N.Y.S.2d 128

The People of the State of New York, Respondent, v. Anthony Smith, Also Known as Walter Cabey, Appellant

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

October 5, 1993

In light of, inter alia, defendant's affirmative responses and nods in response to the officer's recital of the Miranda warnings, his seemingly unerratic behavior, and his subsequent cognitive decision to lie about where he left the stolen goods, we find that defendant knowingly, intelligently and voluntarily waived his Miranda rights (see, People v Zito, 123 A.D.2d 799

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