People v. Gianzero
This text of 216 A.D.2d 961 (People v. Gianzero) 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.
Opinion
Judgment unanimously affirmed. Memorandum: County Court properly denied the motion of defendant to suppress the written statement he gave to the police investigators. We reject the contention of defendant that the loss or destruction of the rights card from which the police investigator read defendant his Miranda rights requires suppression of his statement. Furthermore, there is no merit to the contention of defendant that the police investigators engaged in deceptive conduct that rendered defendant’s statement involuntary under CPL 60.45 (see generally, People v Tarsia, 50 NY2d 1, 11; People v Abreu, 184 AD2d 707, 708, lv denied 80 NY2d 972). (Appeal from Judgment of Cattaraugus County Court, Himelein, J.—Attempted Murder, 2nd Degree.) Present—Denman, P. J., Green, Pine, Callahan and Davis, JJ.
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Cite This Page — Counsel Stack
216 A.D.2d 961, 628 N.Y.S.2d 922, 1995 N.Y. App. Div. LEXIS 7377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gianzero-nyappdiv-1995.