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People v. Bruno

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 2002
290 A.D.2d 306 (N.Y. App. Div. 2002)

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.


Summaries of

People v. Bruno

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 2002
290 A.D.2d 306 (N.Y. App. Div. 2002)
Case details for

People v. Bruno

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. NAIM BRUNO…

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

Date published: Jan 15, 2002

Citations

290 A.D.2d 306 (N.Y. App. Div. 2002)
735 N.Y.S.2d 774

Citing Cases

Bruno v. Cunningham

On appeal, Bruno challenged his conviction and sentence on many of the same grounds raised in his petition…