People v. Bray

Appellate Division of the Supreme Court of New York

People v. Bray

295 A.D.2d 996, 743 N.Y.S.2d 360, 2002 N.Y. App. Div. LEXIS 6279

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 2002

StatusPublished

Cited by8 cases

This text of 295 A.D.2d 996 (People v. Bray) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bray, 295 A.D.2d 996, 743 N.Y.S.2d 360, 2002 N.Y. App. Div. LEXIS 6279 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from a judgment of Wayne County Court (Parenti, JJ, entered May 30, 2000, convicting defendant upon his plea of guilty of arson in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of arson in the second degree [997]*997(Penal Law § 150.15). Contrary to the contention of defendant, County Court properly refused to suppress his statements to the police. The record supports the court’s findings that defendant was not in custody before Miranda warnings were given (see People v Ludlow, 187 AD2d 936, 937, lv denied 81 NY2d 888) and that defendant, despite his intellectual and communicative limitations, knowingly, voluntarily and intelligently waived his Miranda rights and agreed to speak to the police (see People v Williams, 62 NY2d 285, 287; People v Thayer, 210 AD2d 977). Present—Pigott, Jr., P.J., Green, Hurlbutt, Scudder and Burns, JJ.

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—Appeal from a judgment of Wayne County Court (Parenti, JJ, entered May 30, 2000, convicting defendant upon his plea of guilty of arson in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of arson in the second degree [997]*997(Penal Law § 150.15). Contrary to the contention of defendant, County Court properly refused to suppress his statements to the police. The record supports the court’s findings that defendant was not in custody before Miranda warnings were given (see People v Ludlow, 187 AD2d 936, 937, lv denied 81 NY2d 888) and that defendant, despite his intellectual and communicative limitations, knowingly, voluntarily and intelligently waived his Miranda rights and agreed to speak to the police (see People v Williams, 62 NY2d 285, 287; People v Thayer, 210 AD2d 977). Present—Pigott, Jr., P.J., Green, Hurlbutt, Scudder and Burns, JJ.

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Bluebook (online)

295 A.D.2d 996, 743 N.Y.S.2d 360, 2002 N.Y. App. Div. LEXIS 6279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bray-nyappdiv-2002.

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