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PEOPLE v. SAPPLETON

234 A.D.2d 81 (1996)

651 N.Y.S.2d 296

The People of the State of New York, Respondent, v. O'Neil Sappleton, Appellant

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

December 10, 1996

Based upon the totality of the circumstances surrounding defendant's imprisonment and interrogation, the People proved beyond a reasonable doubt that he knowingly, voluntarily and intelligently waived his Miranda rights (see, People v Williams, 62 N.Y.2d 285).

Defendant's claim that the court's charge removed from the jury's consideration the fifth element of the crime...

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