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People v. James

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 456 (N.Y. App. Div. 2000)

Opinion

Argued February 28, 2000.

April 3, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered December 10, 1997, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Friedman, J.), of that branch of the defendant's omnibus motion which was to suppress statements made by him to law enforcement officials.

Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, there was no need for the police to repeat the Miranda warnings (see, People v. Miranda, 384 U.S. 436 ) during the course of the interrogation. Where, as here, the interrogation is continuous, a statement made by a defendant during interrogation will not be suppressed for failure to repeat the Miranda warnings if the statement is made within a reasonable time after such warnings have been given (see, People v. Thomas, 233 A.D.2d 347 ; People v. Baker, 208 A.D.2d 758 ; People v. Stanton, 162 A.D.2d 987 ).

The admission into evidence of certain photographs was proper as they were relevant to the defendant's motive for the commission of the crime (see, People v. Correal, 160 A.D.2d 85, 92 , citing People v. Molineux, 168 N.Y. 264 ).

The imposition of consecutive sentences was neither impermissible nor inappropriate (see, People v. Salcedo, 92 N.Y.2d 1019 ; People v. Almodovar, 62 N.Y.2d 126, 130 ; People v. Fecunda, 226 A.D.2d 474 ;People v. Mabry, 151 A.D.2d 507, 508 ).


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 456 (N.Y. App. Div. 2000)
Case details for

People v. James

Case Details

Full title:THE PEOPLE, ETC., respondent, v. KENYATA JAMES, appellant. (Ind. No…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 456 (N.Y. App. Div. 2000)
706 N.Y.S.2d 883

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