Opinion
2016–00024 Ind.No. 14–00397
03-07-2018
The PEOPLE, etc., respondent, v. Wesner PIERRE, appellant.
Arleen Lewis, Blauvelt, NY, for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Arleen Lewis, Blauvelt, NY, for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Rockland County (William A. Kelly, J.), rendered November 18, 2015, convicting him of arson in the third degree, assault in the second degree, criminal possession of a weapon in the third degree, and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.The defendant's sole contention on appeal is that his statement to police made on November 20, 2014, was taken in violation of his right to counsel. This contention is academic, as that statement was suppressed after a pretrial hearing and was not used at trial (see People v. Pearson, 93 A.D.3d 1343, 940 N.Y.S.2d 511 ; People v. Gilot, 20 A.D.3d 489, 797 N.Y.S.2d 761 ).
AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.