People v. Gomez

Appellate Division of the Supreme Court of New York

People v. Gomez

249 A.D.2d 237, 672 N.Y.S.2d 681, 1998 N.Y. App. Div. LEXIS 4792

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

DecidedApril 30, 1998

StatusPublished

Cited by1 cases

This text of 249 A.D.2d 237 (People v. Gomez) 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. Gomez, 249 A.D.2d 237, 672 N.Y.S.2d 681, 1998 N.Y. App. Div. LEXIS 4792 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, New York County (James Leff, J.), rendered February 16, 1994, convicting defendant, upon his plea of guilty, of two counts of attempted murder in the first degree and one count of reckless endangerment in the first degree, and sentencing him to two concurrent terms of 15 years to life and a concurrent term of 21!z to 7 years, respectively, unanimously affirmed.

Defendant’s motion to suppress statements was properly denied. The court properly found that, under the totality of the circumstances, defendant’s statements were voluntary (see, People v Anderson, 42 NY2d 35). Defendant knowingly waived his rights and willingly provided a clear and coherent statement. There is no evidence that defendant was intoxicated or in any distress at the time of his statement, and there was no causal connection between the minor injuries received at the time of arrest and the statement taken hours later (see, People v Nieves, 205 AD2d 173, affd 88 NY2d 618). We have considered defendant’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (James Leff, J.), rendered February 16, 1994, convicting defendant, upon his plea of guilty, of two counts of attempted murder in the first degree and one count of reckless endangerment in the first degree, and sentencing him to two concurrent terms of 15 years to life and a concurrent term of 21!z to 7 years, respectively, unanimously affirmed.

Defendant’s motion to suppress statements was properly denied. The court properly found that, under the totality of the circumstances, defendant’s statements were voluntary (see, People v Anderson, 42 NY2d 35). Defendant knowingly waived his rights and willingly provided a clear and coherent statement. There is no evidence that defendant was intoxicated or in any distress at the time of his statement, and there was no causal connection between the minor injuries received at the time of arrest and the statement taken hours later (see, People v Nieves, 205 AD2d 173, affd 88 NY2d 618). We have considered defendant’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

249 A.D.2d 237, 672 N.Y.S.2d 681, 1998 N.Y. App. Div. LEXIS 4792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gomez-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack