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PEOPLE v. PONZO

623 KA 20-00957.

208 A.D.3d 1600 (2022)

175 N.Y.S.3d 647

2022 NY Slip Op 05417

The People of the State of New York, Respondent, v. Patrick Ponzo, Appellant.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

THE SAGE LAW FIRM GROUP PLLC, BUFFALO ( KATHRYN FRIEDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

KRISTYNA S. MILLS , DISTRICT ATTORNEY, WATERTOWN ( MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, burglary in the first degree (Penal Law § 140.30[4]) and attempted robbery in the first degree (§§ 110.00, 160.15[4]), defendant contends that County Court erred in refusing to suppress certain statements that he made to a State Trooper, on the ground that he was in custody at the time...

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