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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 623 (N.Y. App. Div. 1997)

Opinion

March 31, 1997.

Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered March 13, 1995, convicting him of burglary in the third degree and resisting arrest, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress a statement made by him to law enforcement officials.

Before: O'Brien, J. P., Ritter, Krausman and Goldstein, JJ.


Ordered that the judgment is affirmed.

The hearing court properly determined that the defendant's statement was admissible at trial. There is no merit to the defendant's contention that the police officer's testimony at the hearing was incredible.

Contrary to the defendant's further contention, the trial court did not improvidently exercise its discretion in its Sandoval ruling ( see, People v Sandoval, 34 NY2d 371).


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 623 (N.Y. App. Div. 1997)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH MILLER…

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

Date published: Mar 31, 1997

Citations

237 A.D.2d 623 (N.Y. App. Div. 1997)
655 N.Y.S.2d 1012