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People v. Tomlin [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)

Opinion

Argued June 9, 1999

October 21, 1999

David W. Windley, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Shulamit Rosenblum of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, DANIEL W. JOY, NANCY E. SMITH, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered January 7, 1998, convicting him of aggravated criminal contempt, assault in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (DaBiri, J.), of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement officials.

ORDERED that the judgment is affirmed.

The defendant's contention that his pre-Miranda statement should have been suppressed is without merit. The defendant's statement that he hit his girlfriend was a spontaneous statement and, therefore, admissible (see, People v. Lynes, 49 N.Y.2d 286, 294 ;People v. Harrison, 251 A.D.2d 681 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

O'BRIEN, J.P., SULLIVAN, JOY, and SMITH, JJ., concur.


Summaries of

People v. Tomlin [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)
Case details for

People v. Tomlin [2d Dept 1999

Case Details

Full title:The PEOPLE, etc., respondent, v. ANTHONY TOMLIN, appellant. (Ind. No…

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

Date published: Oct 21, 1999

Citations

(N.Y. App. Div. Oct. 21, 1999)