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People v. Henry

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 2010
76 A.D.3d 683 (N.Y. App. Div. 2010)

Opinion

No. 2007-00810.

August 24, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Diamond, J.), rendered January 10, 2007, convicting him of robbery in the first degree (six counts), conspiracy in the fourth degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Carter, J.), pursuant to a stipulation in lieu of motions, of the suppression of the defendant's statements to law enforcement officials.

Leslie W. Rubin, Floral Park, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Laurie K. Gibbons and Andrew Fukuda of counsel), for respondent.

Before: Skelos, J.P, Covello, Angiolillo and Sgroi, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied suppression of certain incriminating statements he made to detectives. The hearing court properly determined that the defendant's statements, given after he was informed of, and waived, his Miranda rights ( see Miranda v Arizona, 384 US 436), were voluntarily made ( see People v Petronio, 34 AD3d 602, 604; People v Hasty, 25 AD3d 740, 741; People v Miles, 276 AD2d 566, 566-567).

The defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation ( see People v Benevento, 91 NY2d 708; People v Baldi, 54 NY2d 137).

The defendant's remaining contentions are without merit.


Summaries of

People v. Henry

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 2010
76 A.D.3d 683 (N.Y. App. Div. 2010)
Case details for

People v. Henry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL HENRY, Appellant

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

Date published: Aug 24, 2010

Citations

76 A.D.3d 683 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6493
905 N.Y.S.2d 916

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