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PEOPLE v. VANDUYNE

267 A.D.2d 408 (1999)

701 N.Y.S.2d 99

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMERALD VANDUYNE, Appellant.

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

Decided December 20, 1999.

Ordered that the judgment is modified, on the law, by vacating the defendant's conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, his statements were made after he voluntarily, knowingly, and intelligently waived his Miranda rights (see, Miranda v Arizona...

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