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People v. Gomez

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1998
249 A.D.2d 237 (N.Y. App. Div. 1998)

Opinion

April 30, 1998

Appeal from the Supreme Court, New York County (James Leff, J.).


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 N.Y.2d 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 A.D.2d 173, affd 88 N.Y.2d 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.


Summaries of

People v. Gomez

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1998
249 A.D.2d 237 (N.Y. App. Div. 1998)
Case details for

People v. Gomez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE GOMEZ, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 30, 1998

Citations

249 A.D.2d 237 (N.Y. App. Div. 1998)
672 N.Y.S.2d 681

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