People v. Mancini

Appellate Division of the Supreme Court of New York

People v. Mancini

239 A.D.2d 436, 658 N.Y.S.2d 37, 1997 N.Y. App. Div. LEXIS 5056

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1997·Published·Cited by 7 cases

Opinion

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 7, 1995, convicting him of attempted escape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In sentencing the defendant, the County Court properly considered the.defendant’s statement made to a State Investigator even though the statement had been suppressed as evidence obtained in violation of Miranda v Arizona (384 US 436; see, People v Williams, 164 AD2d 1, 6, mod 79 NY2d 281, 288; People v Estenson, 101 AD2d 687; People v Wright, 104 Misc 2d 911, 920-925). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 7, 1995, convicting him of attempted escape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In sentencing the defendant, the County Court properly considered the.defendant’s statement made to a State Investigator even though the statement had been suppressed as evidence obtained in violation of Miranda v Arizona (384 US 436; see, People v Williams, 164 AD2d 1, 6, mod 79 NY2d 281, 288; People v Estenson, 101 AD2d 687; People v Wright, 104 Misc 2d 911, 920-925). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

People v. Mancini, 239 A.D.2d 436, 658 N.Y.S.2d 37, 1997 N.Y. App. Div. LEXIS 5056 (N.Y. Ct. App. 1997).

Pincite

239 A.D.2d 436 (People v. Mancini) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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