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PEOPLE v. BARNES

2012-08468

120 A.D.3d 1355 (2014)

992 N.Y.S.2d 150

2014 NY Slip Op 06209

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALPHONSO BARNES, Appellant.

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

Decided September 17, 2014.

Ordered that the judgment, as amended, is affirmed.

Contrary to the hearing court's determination, the evidence adduced at the suppression hearing was insufficient to establish that the defendant's statements to law enforcement officials were made after he knowingly, voluntarily, and intelligently waived his Miranda rights (see Miranda v Arizona, 384 U.S. 436 [1966]). Although the defendant's refusal to sign the Miranda...

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