Opinion
Argued March 8, 2001.
April 5, 2001.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered June 2, 1998, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Marlow, J.), of that branch of the defendant's omnibus motion which was to suppress statements he made to law enforcement authorities.
David Goodman, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly refused to suppress the defendant's statements. The defendant was informed of his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436), understood these rights, and voluntarily waived them by continuing to speak with the officer. "Under these circumstances an implied Miranda waiver was established" (People v. Scott, 154 A.D.2d 719; see, People v. Sirno, 76 N.Y.2d 967; People v. Bridges, 226 A.D.2d 471; People v. Davis, 55 N.Y.2d 731).
In light of our determination, the defendant's remaining contention is academic.