PEOPLE v. MARTINEZ


53 A.D.3d 508 (2008)

860 N.Y.S.2d 632

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARGELY MARTINEZ, Appellant.

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

Decided July 1, 2008.


Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his pre-Miranda statement (see Miranda v Arizona, 384 U.S. 436 [1966]), made in response to a question posed by a police officer at the crime scene. At the suppression hearing, the police officer testified that before searching the handcuffed defendant, he asked the defendant whether...

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