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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 888 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

Appeal from Judgment of Monroe County Court, Maloy, J. — Robbery, 3rd Degree.

PRESENT: DENMAN, P. J., GREEN, SCUDDER, CALLAHAN AND BALIO, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's motion to suppress pretrial statements set forth in the People's CPL 710.30 notice. The detective who conducted the interrogation testified that he administered Miranda warnings before questioning defendant, that defendant waived his right to counsel and agreed to speak with him, and that defendant made statements to police before asking to speak with counsel. Although defendant's testimony regarding the sequence of those events conflicted with the detective's testimony, the court's resolution of that credibility issue is entitled to considerable weight, and we perceive no basis in this record to disturb it (see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Bullock, 233 A.D.2d 958, lv denied 89 N.Y.2d 940).


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 888 (N.Y. App. Div. 1999)
Case details for

People v. Rodriguez

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ALFREDO…

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

Date published: Nov 12, 1999

Citations

266 A.D.2d 888 (N.Y. App. Div. 1999)
698 N.Y.S.2d 178

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