From Casetext: Smarter Legal Research

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1994
208 A.D.2d 871 (N.Y. App. Div. 1994)

Opinion

October 24, 1994

Appeal from the County Court, Suffolk County (Weissman, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record supports the hearing court's determination that the defendant had been fully advised of and had waived his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436), prior to being interrogated. Police Officer Philip Alvarez testified that he read the defendant his Miranda warnings, from the standard police card that was used for such purposes, and even demonstrated for the court how the warnings were given. Moreover, Officer Alvarez also gave a card with the Miranda rights written in Spanish to the defendant so that the defendant (who apparently spoke very little English) could read them at the same time. The card with the warnings and the defendant's signature was admitted into evidence. Under the circumstances, we find that the defendant's oral and written statements were made freely and voluntarily after the defendant had been adequately advised of his Miranda rights (see, People v. Bilbrew, 177 A.D.2d 582; also, People v Sirno, 76 N.Y.2d 967; People v. Chambers, 105 A.D.2d 1013). Bracken, J.P., Balletta, Rosenblatt and Miller, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1994
208 A.D.2d 871 (N.Y. App. Div. 1994)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PABLO RODRIGUEZ…

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

Date published: Oct 24, 1994

Citations

208 A.D.2d 871 (N.Y. App. Div. 1994)
617 N.Y.S.2d 835

Citing Cases

People v. Santos

Detective Ross testified that, “[a]t least to have a basic conversation,” he was satisfied that the defendant…

People v. Herrera

Further, the warnings were adequately administered in both Spanish and English. People v. Rodriguez, 208 AD2d…