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People v. Guinta

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 970 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

Appeal from the Jefferson County Court, Clary, J.

Present — Dillon, P.J., Green, Lawton, Davis and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to the defendant's claim that his statements to the police were involuntarily made. Defendant voluntarily went to police headquarters and willingly submitted to interrogation. He was told initially that he was free to leave. He was not physically abused, mistreated, or coerced in any way. Defendant was advised of his Miranda rights on three occasions and each time agreed to waive them. The length of the interrogation, without more, does not render the statements obtained during that period inadmissible (People v. Tarsia, 50 N.Y.2d 1, 12-13).

Defendant's claim that he was denied effective assistance of counsel lacks merit. Defense counsel's reference to defendant's parole status was a reasonably plausible trial strategy decision (see, People v. Zaborski, 59 N.Y.2d 863) because it provided some excuse for defendant's attempt to secrete the victim's body and for his failure to notify the police timely.

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


Summaries of

People v. Guinta

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 970 (N.Y. App. Div. 1990)
Case details for

People v. Guinta

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP GUINTA, JR.…

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

Date published: Jun 22, 1990

Citations

162 A.D.2d 970 (N.Y. App. Div. 1990)
557 N.Y.S.2d 194

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