Opinion
1767
October 8, 2002.
Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered July 1, 1999, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 21 years, unanimously affirmed.
KIMBERLY MORGAN, for respondent.
JONATHAN M. KIRSHBAUM, for defendant-appellant.
Before: Andrias, J.P., Saxe, Buckley, Lerner, JJ.
Defendant's suppression motion was properly denied. The People satisfied their burden of proving that defendant's statements were voluntary (see People v. Anderson, 42 N.Y.2d 35, 38). The police were not required to administer Miranda warnings more than once (see People v. Encarnacion, 259 A.D.2d 309, lv denied 94 N.Y.2d 860) . Defendant's free will was not affected by his movement between precincts for legitimate investigative purposes. The use of a ruse was not so egregious as to render defendant's statements involuntary (see People v. Tarsia, 50 N.Y.2d 1, 11). The delay in defendant's arraignment did not violate his right to counsel or affect the voluntariness of his statements (see People v. Hopkins, 58 N.Y.2d 1079). The police were not required to take defendant to Central Booking immediately after he was identified at a lineup, but were entitled to a reasonable time to continue their investigation by questioning defendant further (see People v. Haywood, 280 A.D.2d 282, lv denied 97 N.Y.2d 641).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.