From Casetext: Smarter Legal Research

People v. Zapata

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2001
280 A.D.2d 500 (N.Y. App. Div. 2001)

Opinion

Argued November 2, 2000.

February 5, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 20, 1998, convicting him of murder in the second degree, 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 statements he made to law enforcement authorities.

Robert J. Boyle, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Karen Marcus, and Lori Glachman of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, ACTING P.J., CORNELIUS J. O'BRIEN, FRED T. SANTUCCI, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

All of the statements made by the defendant before he was advised of and knowingly waived his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436) were made in a non-custodial context. Thus, the statements were admissible (see, People v. Steed, 222 A.D.2d 536; People v. Lovette, 212 A.D.2d 639; People v. Edwards, 124 A.D.2d 818).

The defendant's remaining contentions are without merit.


Summaries of

People v. Zapata

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2001
280 A.D.2d 500 (N.Y. App. Div. 2001)
Case details for

People v. Zapata

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JIMMY ZAPATA, APPELLANT. (IND. NO…

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

Date published: Feb 5, 2001

Citations

280 A.D.2d 500 (N.Y. App. Div. 2001)
720 N.Y.S.2d 370

Citing Cases

Zapata v. Greene

On February 5, 2001, the Appellate Division affirmed Zapata's conviction. People v. Zapata, 280 A.D.2d 500,…