PEOPLE v. KELLEY

2006-09092

73 A.D.3d 809 (2010)

900 N.Y.S.2d 147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BEN KELLEY, Appellant.

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

Decided May 4, 2010.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, that branch of his omnibus motion which was to suppress his statements to law enforcement officials was properly denied. An unnecessary delay in an arraignment, without more, does not cause the accused's right to counsel to attach automatically, and such a delay is only one factor to consider in assessing the voluntariness of a confession (see People v Ramos, 

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