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PEOPLE v. DAVIS

2016-09444. Ind. No. 15-00563.

178 A.D.3d 844 (2019)

111 N.Y.S.3d 907

2019 NY Slip Op 08857

The People of the State of New York, Respondent, v. Samuel Davis, Appellant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Del Atwell, East Hampton, NY, for appellant, and appellant pro se.

Anthony A. Scarpino, Jr. , District Attorney, White Plains, NY ( William C. Milaccio and Christine DiSalvo of counsel), for respondent.

Scheinkman, P.J., Rivera, Balkin and Leventhal, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that one of his statements to police should have been suppressed as the product of custodial interrogation conducted without the benefit of Miranda warnings (see Miranda v Arizona, 384 U.S. 436 [1966]) is academic, as that statement was suppressed after a pretrial hearing and was not used at trial (see People v Pierre, 159 A.D.3d...

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