From Casetext: Smarter Legal Research

People v. Gianzero

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 961 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Cattaraugus County Court, Himelein, J.

Present — Denman, P.J., Green, Pine, Callahan and Davis, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied the motion of defendant to suppress the written statement he gave to the police investigators. We reject the contention of defendant that the loss or destruction of the rights card from which the police investigator read defendant his Miranda rights requires suppression of his statement. Furthermore, there is no merit to the contention of defendant that the police investigators engaged in deceptive conduct that rendered defendant's statement involuntary under CPL 60.45 (see generally, People v. Tarsia, 50 N.Y.2d 1, 11; People v. Abreu, 184 A.D.2d 707, 708, lv denied 80 N.Y.2d 972).


Summaries of

People v. Gianzero

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 961 (N.Y. App. Div. 1995)
Case details for

People v. Gianzero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD A. GIANZERO…

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

Date published: Jun 9, 1995

Citations

216 A.D.2d 961 (N.Y. App. Div. 1995)
628 N.Y.S.2d 922

Citing Cases

People v. Harris

Memorandum: Defendant contends that, although the sentence imposed was the result of a plea bargain, we…