PEOPLE v. CLARKE

2008-00671

130 A.D.3d 748 (2015)

13 N.Y.S.3d 238

2015 NY Slip Op 05957

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARFIELD CLARKE, Appellant.

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

Decided July 8, 2015.


Ordered that the judgment is affirmed.

The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials. Although a defendant may refuse to sign a Miranda warning form (see Miranda v Arizona, 384 U.S. 436 [1966]), he or she may nevertheless orally waive his or her rights (see People v Wilkinson, 120 A.D.3d 521

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