Opinion
2015-08-12
The PEOPLE, etc., respondent, v. Ricky NOBLE, appellant.
Lynn W.L. Fahey, New York, N.Y. (Allegra Glashausser of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Jean M. Joyce of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Allegra Glashausser of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Jean M. Joyce of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered September 23, 2011, convicting him of endangering the welfare of a child (two counts) and sexual abuse in the third degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (Sullivan, J.), of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly determined that the defendant did not unequivocally and unqualifiedly express a desire to remain silent ( see People v. Seda, 289 A.D.2d 422, 734 N.Y.S.2d 233). The court's determination, which turned on its assessment of the hearing testimony of a detective, is supported by the record ( see People v. Almonor, 122 A.D.3d 763, 996 N.Y.S.2d 158; People v. Lowin, 36 A.D.3d 1153, 1155, 827 N.Y.S.2d 782). Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.
The defendant's contention that certain counts in the indictment were multiplicitous is unpreserved for appellate review ( see People v. Cruz, 96 N.Y.2d 857, 730 N.Y.S.2d 29, 754 N.E.2d 1112) and, in any event, without merit ( see People v. Salton, 120 A.D.3d 838, 991 N.Y.S.2d 370; People v. Saunders, 290 A.D.2d 461, 736 N.Y.S.2d 90). CHAMBERS, J.P., HALL, COHEN and MALTESE, JJ., concur.