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People v. Gardner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 986 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Ontario County Court, Reed, J.

Present — Callahan, J.P., Boomer, Green, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's primary contention is that the trial court erred in failing to suppress his statement to the police. This statement was made while defendant was in jail on an unrelated charge. He asserted that since he was represented on the unrelated charge, his statement must be suppressed (see, People v. Bartolomeo, 53 N.Y.2d 225, 231-232; People v. Rogers, 48 N.Y.2d 167). Because defendant failed to establish at the suppression hearing that he was in fact represented by counsel on the unrelated charge, his motion was properly denied (see, People v. Rosa, 65 N.Y.2d 380, 386-387).

We have reviewed defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Gardner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 986 (N.Y. App. Div. 1989)
Case details for

People v. Gardner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAYTON GARDNER…

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

Date published: Mar 10, 1989

Citations

148 A.D.2d 986 (N.Y. App. Div. 1989)
539 N.Y.S.2d 222