PEOPLE v. FLAMENCO


259 A.D.2d 559 (1999)

684 N.Y.S.2d 911

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENE FLAMENCO, Appellant.

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

Decided March 8, 1999.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress certain statements he made to the police. At the suppression hearing, the prosecution established the legality of the police conduct and that the defendant voluntarily waived his Miranda rights. The defendant failed to show that at the time he waived his rights he did not possess the capacity...

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