PEOPLE v. BOYNTON


35 A.D.3d 875 (2006)

826 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARQUISE BOYNTON, Appellant.

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

Decided December 26, 2006.


Ordered that the judgment is affirmed.

The County Court properly determined, after a hearing, that the People established the voluntariness of the defendant's statements to the police. On appeal, the defendant improperly relies solely on his trial testimony to challenge that determination. "Where, as here, the defendant fails to move to reopen a suppression hearing, he or she may not rely upon the trial testimony to challenge...

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