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People v. Santos

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1990
162 A.D.2d 478 (N.Y. App. Div. 1990)

Opinion

June 4, 1990

Appeal from the Supreme Court, Queens County (Leahy, J.).


Ordered that the judgment is affirmed.

The record fails to indicate that the detective who interrogated the defendant had either actual knowledge of the unrelated charges which were then pending against the defendant or that the defendant was represented by counsel on those charges. Moreover, there is no basis in this case for imputing constructive knowledge to the detective that the defendant already had legal counsel at the time of the questioning, in the absence of some measure of bad faith on the part of the police (see, People v. Bertolo, 65 N.Y.2d 111, 120). Accordingly, the decision by the hearing court to deny that branch of the defendant's motion which was to suppress his inculpatory videotaped statement was proper.

It was within the sound discretion of the Trial Judge to impose consecutive sentences, as the murder of one victim and the robberies of three others resulted from four separate acts (see, Penal Law § 70.25; People v. Brathwaite, 63 N.Y.2d 839).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) or without merit. Mangano, P.J., Lawrence, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Santos

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1990
162 A.D.2d 478 (N.Y. App. Div. 1990)
Case details for

People v. Santos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERCY SANTOS, Appellant

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

Date published: Jun 4, 1990

Citations

162 A.D.2d 478 (N.Y. App. Div. 1990)
556 N.Y.S.2d 401

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