PEOPLE v. SAMUELS


11 A.D.3d 372 (2004)

784 N.Y.S.2d 36

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKARDO SAMUELS, Appellant.

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

October 21, 2004.


The court properly denied defendant's motion to suppress his written statement. Even if we were to find that the oral statement defendant made at the time he was arrested was the product of a custodial interrogation without Miranda warnings, we would find that the record supports the hearing court's finding of attenuation with respect to the written statement. There was a definite and pronounced break of 45 minutes between the initial statement made at the scene and...

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