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PEOPLE v. SANTOS

3 A.D.3d 317 (2004)

770 N.Y.S.2d 314

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS SANTOS, Appellant.

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

January 6, 2004.

The court properly denied defendant's motion to suppress his videotaped statement since it was sufficiently attenuated from the taint of a warrantless arrest made in violation of Payton v New York (445 U.S. 573 [1980]). The videotaped statement to an assistant district attorney was taken about six hours after the arrest and was made after Miranda warnings and waivers. There was also a substantial break of more than three hours...

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