Opinion
2001-01543
Argued January 3, 2002.
February 6, 2002.
Appeal by the People from an order of the Supreme Court, Kings County (Feldman, J.), dated January 18, 2001, which granted that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for appellant.
Joseph Giovanniello, Cedarhurst, N.Y. (Earle Giovanniello of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed.
The People have the initial burden of establishing that the defendant voluntarily, knowingly, and intelligently waived his Miranda rights (see, Miranda v. Arizona, 384 U.S. 486; People v. Anderson, 42 N.Y.2d 35, 38; cf., People v. Zephir, 226 A.D.2d 408; People v. Smith, 220 A.D.2d 704). In light of the totality of the circumstances, we agree with the hearing court that the People failed to satisfy their burden.
GOLDSTEIN, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.