Opinion
Docket No. 5,933.
Decided December 3, 1970. Leave to appeal denied April 16, 1971. 384 Mich. 829.
Appeal from Recorder's Court of Detroit, Gerald W. Groat, J. Submitted Division 1 November 9, 1970, at Detroit. (Docket No. 5,933.) Decided December 3, 1970. Leave to appeal denied April 16, 1971. 384 Mich. 829.
James Gilbert was convicted of armed robbery. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Patricia Pernick Boyle, Assistant Prosecuting Attorney, for the people.
Arthur J. Tarnow, State Appellate Defender, for defendant on appeal.
On March 28, 1968, appellant was sentenced to 5 to 15 years in prison, upon being convicted of armed robbery. MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797). Prior to trial, a statement was elicited from defendant, which was subsequently introduced during the trial as evidence against him. Defendant contends that the warning requirements of Miranda v. Arizona (1966), 384 U.S. 436 ( 86 S Ct 1602, 16 L Ed 2d 694, 10 ALR3d 974) were not complied with and that, therefore, the statement was improperly introduced. The trial judge admitted this evidence after a hearing, pursuant to People v. Walker (On Rehearing, 1965), 374 Mich. 331.
In the instant case, defendant was apprised of his rights through the so-called "Miranda Card", the Detroit police department's "Constitutional Rights Certificate of Notification", but it is defendant's assertion that these warnings were insufficient. We decline further discussion, in that this issue was decided contrary to defendant's contention in People v. Bynum (1970), 21 Mich. App. 596.
Conviction affirmed.