From Casetext: Smarter Legal Research

People v. Ninham

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1043 (N.Y. App. Div. 1991)

Opinion

June 7, 1991

Appeal from the Niagara County Court, DiFlorio, J.

Present — Doerr, J.P., Green, Pine, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: The record of the suppression hearing supports the court's determination that defendant was properly advised of his Miranda warnings (see, Miranda v Arizona, 384 U.S. 436) and knowingly and voluntarily waived those rights before giving a statement to the police. We further conclude that the court properly imposed a consecutive sentence on defendant's conviction for burglary in the third degree. The burglary conviction involved acts which were separate and distinct from those involved in the remaining convictions (see, People v Brathwaite, 63 N.Y.2d 839).


Summaries of

People v. Ninham

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1043 (N.Y. App. Div. 1991)
Case details for

People v. Ninham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERNON A. NINHAM…

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

Date published: Jun 7, 1991

Citations

174 A.D.2d 1043 (N.Y. App. Div. 1991)

Citing Cases

People v. Miller

In our view, the People made an adequate showing of due diligence to justify the admission of Wright's prior…

People v. Allen

We reject defendant's contention that County Court erred in failing to suppress his statement to the police.…