Opinion
5881
January 15, 2002.
Judgment, Supreme Court, New York County (Michael Obus, J.), rendered March 3, 1998, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 10 to 20 years, unanimously affirmed.
PRISCILLA STEWARD, for respondent.
DOMINIC J. SICHENZIA, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Saxe, Sullivan, Ellerin, JJ.
Defendant's motions to suppress an oral statement and two written confessions made to the police were properly denied. All three statements were preceded by proper Miranda warnings and waivers. The brief interval between the warnings and the oral statement did not require renewed warnings (People v. Irizarry, 199 A.D.2d 180, lv denied 83 N.Y.2d 872). Under the totality of circumstances (see, Arizona v. Fulminante, 499 U.S. 279; People v. Anderson, 42 N.Y.2d 35, 38), the first written confession was not rendered involuntary by the circumstance that defendant was briefly in a state of partial undress due to the discovery of blood stains on several articles of his clothing, necessitating their removal for testing.
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.