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People v. Boccio

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1985
107 A.D.2d 816 (N.Y. App. Div. 1985)

Opinion

January 28, 1985

Appeal from the Supreme Court, Richmond County (Felig, J.).


Judgments affirmed.

Criminal Term did not err in denying defendant's motion to suppress the self-incriminatory statements which he made to the police. Defendant, who was thoroughly familiar with the criminal justice system, uttered these statements after knowingly and voluntarily waiving his constitutional rights to remain silent and to have an attorney present during questioning, and not in response to improper police activity (see People v. Lopez, 95 A.D.2d 241; People v. Crosby, 91 A.D.2d 20, mot for lv to app den 59 N.Y.2d 765; People v. Perry, 77 A.D.2d 269).

Moreover, defendant's contention, raised for the first time on appeal, that his parents did not possess the requisite authority to consent to a warrantless search of his bedroom, which was located within their home, is without merit (see People v Cosme, 48 N.Y.2d 286; People v. Moorer, 58 A.D.2d 878).

Finally, under the circumstances herein, including defendant's second felony offender status, the sentences imposed were not improper or an abuse of discretion (see People v. Suitte, 90 A.D.2d 80). O'Connor, J.P., Weinstein, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Boccio

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1985
107 A.D.2d 816 (N.Y. App. Div. 1985)
Case details for

People v. Boccio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH BOCCIO…

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

Date published: Jan 28, 1985

Citations

107 A.D.2d 816 (N.Y. App. Div. 1985)

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