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People v. Halsey

236 A.D.2d 867, 653 N.Y.S.2d 892, 1997 N.Y. App. Div. LEXIS 1808
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 7, 1997
StatusPublished

This text of 236 A.D.2d 867 (People v. Halsey) 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. Halsey, 236 A.D.2d 867, 653 N.Y.S.2d 892, 1997 N.Y. App. Div. LEXIS 1808 (N.Y. Ct. App. 1997).

Opinion

—Judgment unanimously affirmed. Memorandum: Supreme Court properly denied the motion to suppress statements that defendant made to a police officer after he was arrested. The record supports the determination of the court that defendant was given timely Miranda warnings, that he made a knowing and voluntary [868]*868waiver of his rights, and that he did not invoke his right to remain silent (see, People v Sirno, 76 NY2d 967, 968; People v Davis, 55 NY2d 731, 733; People v. Huntley, 224 AD2d 987, lv denied 87 NY2d 1020).

We have examined the contention of defendant that he was deprived of a fair trial because of prosecutorial misconduct and conclude that it is without merit (see, People v Galloway, 54 NY2d 396; People v Kyler, 191 AD2d 1029, lv denied 81 NY2d 1015; People v Price, 144 AD2d 1013, lv denied 73 NY2d 895).

Lastly, we conclude that defendant’s sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Forma, J.—Criminal Possession Weapon, 3rd Degree.) Present—Denman, P. J., Green, Pine, Balio and Boehm, JJ.

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Related

People v. Davis
431 N.E.2d 634 (New York Court of Appeals, 1981)
People v. Galloway
430 N.E.2d 885 (New York Court of Appeals, 1981)
People v. Sirno
565 N.E.2d 479 (New York Court of Appeals, 1990)
People v. Price
144 A.D.2d 1013 (Appellate Division of the Supreme Court of New York, 1988)
People v. Kyler
191 A.D.2d 1029 (Appellate Division of the Supreme Court of New York, 1993)
People v. Huntley
224 A.D.2d 987 (Appellate Division of the Supreme Court of New York, 1996)

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Bluebook (online)
236 A.D.2d 867, 653 N.Y.S.2d 892, 1997 N.Y. App. Div. LEXIS 1808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-halsey-nyappdiv-1997.