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PEOPLE v. MARTINEZ

2005-07501.

2008 NY Slip Op 06170

THE PEOPLE, ETC., respondent, v. ARGELY MARTINEZ, appellant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Diane E. Selker, Peekskill, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Vered Adoni of counsel), for respondent.

Before: WILLIAM F. MASTRO, J.P., PETER B. SKELOS, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

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), 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...

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