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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 605 (N.Y. App. Div. 1986)

Opinion

March 3, 1986

Appeal from the County Court, Nassau County (Thorp, J.).


Judgment affirmed.

The defendant's claim that the police did not have probable cause to arrest him has not been preserved for review as a matter of law, since the specific argument he now raises was not raised before the County Court, Nassau County (see, People v. Dodt, 61 N.Y.2d 408; People v. Smith, 108 A.D.2d 763). We decline to review it in the interest of justice.

The defendant also contends that the hearing court erred in denying that branch of his omnibus motion which was for the suppression of his oral and written statements. However, great weight must be accorded the determination of the hearing court (see, People v. Prochilo, 41 N.Y.2d 759; People v. Gee, 104 A.D.2d 561). The court's findings that the defendant was given his Miranda warnings (see, Miranda v. Arizona, 384 U.S. 436) and voluntarily chose to waive them, and that the defendant's statements had not been induced by force or threats, are supported by the record. Accordingly, the defendant's claims in this regard must be rejected.

The defendant's remaining contention has been reviewed and has been found to be without merit. Gibbons, J.P., Thompson, Brown and Weinstein, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 605 (N.Y. App. Div. 1986)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE M. SMITH…

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

Date published: Mar 3, 1986

Citations

118 A.D.2d 605 (N.Y. App. Div. 1986)

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