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PEOPLE v. SMITH

2017-00308. Ind. No. 3673/15.

199 A.D.3d 1023 (2021)

154 N.Y.S.3d 802

2021 NY Slip Op 06632

The People of the State of New York, Respondent, v. Tyheim Smith, Appellant.

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Anders Nelson of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Solomon Neubort , and Julian Joiris of counsel), for respondent.

Rivera, J.P., Brathwaite Nelson, Iannacci and Ford, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's challenge to the voluntariness of his Miranda waiver (see Miranda v Arizona, 384 U.S. 436 [1966]) and statements to law enforcement officials is largely unpreserved for appellate review (see CPL 470.05[2]; People v Graham, 25 N.Y.3d 994, 997 [2015]). In any event, the People established beyond a reasonable doubt that...

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