Opinion
2000-08397
Argued January 29, 2002.
March 5, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary J.), rendered September 5, 2000, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Knipel, J.), of that branch of the defendant's omnibus motion which was to suppress statements he made to law enforcement officials.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Deborah L. Goldstein of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court correctly concluded that the right to counsel had not indelibly attached at the time the defendant made the inculpatory statements and videotape in question (see, People v. Lennon, 243 A.D.2d 495). The defendant made the inculpatory statements only after he had declined to accept the attorney allegedly provided by his mother and after he knowingly, intelligently, and voluntarily waived his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436; People v. Martino, 259 A.D.2d 561; People v. Lennon, supra; see also, People v. Baptiste, 276 A.D.2d 494).
RITTER, J.P., SMITH, KRAUSMAN and TOWNES, JJ., concur.