People v. Curtron M.

Appellate Division of the Supreme Court of New York

People v. Curtron M.

49 A.D.3d 318, 852 N.Y.2d 760

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

DecidedMarch 11, 2008

StatusPublished

This text of 49 A.D.3d 318 (People v. Curtron M.) 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. Curtron M., 49 A.D.3d 318, 852 N.Y.2d 760 (N.Y. Ct. App. 2008).

Pincite

Opinion

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The credible police testimony adduced at the hearing satisfied the People’s burden of establishing that defendant agreed to waive his Miranda rights. To the extent that defendant is arguing that suppression of his statement is warranted as a sanction for the loss of a Miranda warnings form, we find that argument without merit. Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.

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The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The credible police testimony adduced at the hearing satisfied the People’s burden of establishing that defendant agreed to waive his Miranda rights. To the extent that defendant is arguing that suppression of his statement is warranted as a sanction for the loss of a Miranda warnings form, we find that argument without merit. Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.

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Bluebook (online)

49 A.D.3d 318, 852 N.Y.2d 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-curtron-m-nyappdiv-2008.