Opinion
May 7, 1998
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).
The hearing court properly denied defendant's motion to suppress his videotaped statement. Although defendant's first statement was suppressed because it was made at the time of his arrest without prior administration of Miranda warnings, defendant made his post- Miranda videotaped statement to an Assistant District Attorney at Central Booking after a definite pronounced break in the interrogation during which he slept at the precinct (see, People v. Nova, 198 A.D.2d 193, lv denied 83 N.Y.2d 808). During the 21 hours between statements, there was no interrogation or other continuity between statements, and there is no evidence that the suppressed statement was coerced.
Concur — Rosenberger, J.P., Ellerin, Wallach, Williams and Saxe, JJ.