People v. Dunn

Appellate Division of the Supreme Court of New York

People v. Dunn

32 A.D.2d 858, 300 N.Y.S.2d 937, 1969 N.Y. App. Div. LEXIS 3619

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

DecidedJune 24, 1969

StatusPublished

This text of 32 A.D.2d 858 (People v. Dunn) 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. Dunn, 32 A.D.2d 858, 300 N.Y.S.2d 937, 1969 N.Y. App. Div. LEXIS 3619 (N.Y. Ct. App. 1969).

Pincite

Opinion

Greenblott, J.

Appeal from a judgment of the [859]*859County Court of Ulster County, rendered March 18, 1968, upon a verdict convicting defendant of the crimes of attempted murder in the first degree and two counts of assault in the second degree. After a pretrial Huntley hearing, the trial court denied appellant’s motion to suppress his confession holding that appellant was properly advised of the fourfold Miranda warnings. The court also denied appellant’s second pretrial motion to suppress a shotgun seized by the police after appellant directed them to the gun. It is our opinion that appellant- was properly advised of his constitutional rights upon his arrival at the Kingston barracks, and before any questioning. The finding by the trial court that appellant waived his right to an attorney and willingly made a statement, is amply supported by the evidence. We have examined appellant’s other contentions and find them to be without merit. Judgment affirmed. Gibson, P. J., Staley, Jr., Cooke and Greenblott, JJ., concur in memorandum by Greenblott, J.; Aulisi, J., not voting.

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Greenblott, J.

Appeal from a judgment of the [859]*859County Court of Ulster County, rendered March 18, 1968, upon a verdict convicting defendant of the crimes of attempted murder in the first degree and two counts of assault in the second degree. After a pretrial Huntley hearing, the trial court denied appellant’s motion to suppress his confession holding that appellant was properly advised of the fourfold Miranda warnings. The court also denied appellant’s second pretrial motion to suppress a shotgun seized by the police after appellant directed them to the gun. It is our opinion that appellant- was properly advised of his constitutional rights upon his arrival at the Kingston barracks, and before any questioning. The finding by the trial court that appellant waived his right to an attorney and willingly made a statement, is amply supported by the evidence. We have examined appellant’s other contentions and find them to be without merit. Judgment affirmed. Gibson, P. J., Staley, Jr., Cooke and Greenblott, JJ., concur in memorandum by Greenblott, J.; Aulisi, J., not voting.

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Bluebook (online)

32 A.D.2d 858, 300 N.Y.S.2d 937, 1969 N.Y. App. Div. LEXIS 3619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dunn-nyappdiv-1969.