From Casetext: Smarter Legal Research

People v. Butler

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 636 (N.Y. App. Div. 2000)

Opinion

Submitted September 21, 2000.

October 16, 2000.

Appeal by the defendant from two judgments of the Supreme Court, Queens County (Rotker, J.), both rendered May 13, 1996, convicting him of murder in the first degree (two counts) and robbery in the first degree, upon his plea of guilty, under Indictment No. 5453/94, and assault in the second degree, upon his plea of guilty, under Indictment No. 5749/95, and imposing sentences. The appeal from the judgment under Indictment No. 5453/94 brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement authorities.

Steven A. Feldman, Roslyn, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Daniel P. Derechin of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgments are affirmed.

The defendant's statements to law enforcement authorities were made after a voluntary waiver of his Miranda rights (see, People v. Prater, 258 A.D.2d 600; Miranda v. Arizona, 384 U.S. 436).

The defendant's remaining contention is without merit (see, People v. Murray, 72 N.Y.2d 689; People v. Lovell, 267 A.D.2d 476; People v. Brown, 216 A.D.2d 670, 672).


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 636 (N.Y. App. Div. 2000)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JAMAL BUTLER, APPELLANT. (IND. NOS…

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 636 (N.Y. App. Div. 2000)
716 N.Y.S.2d 312