PEOPLE v. FERMIN

10130, 3555/13.

176 A.D.3d 539 (2019)

112 N.Y.S.3d 700

2019 NY Slip Op 07512

The People of the State of New York, Respondent, v. Bernadita Fermin, Appellant.

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

Decided October 17, 2019.


Attorney(s) appearing for the Case

Jorge Guttlein & Associates, New York ( Juan Carlos Guttlein of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Samuel Z. Goldfine of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.


The hearing court properly determined that defendant's post-Miranda statements were sufficiently attenuated from earlier statements that had not been preceded by Miranda warnings. Although the statements were obtained by the same detective, there was a 4½-hour break, different officers transported defendant to the precinct, and the initial interaction with defendant was brief (see People v White, 10 N.Y.3d 286...

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