Opinion
2013-05-1
The PEOPLE, etc., respondent, v. Eric L. WILLIAMS, appellant.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. Francis D. Phillips II, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. Francis D. Phillips II, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.
PETER B. SKELOS, J.P., DANIEL D. ANGIOLILLO, SHERI S. ROMAN, and ROBERT J. MILLER, JJ.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered December 15, 2011, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the County Court properly declined to suppress the statements he made to law enforcement officials after being informed of his Miranda rights ( see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694). These post-Miranda statements, taken in a different location and by a different interviewer from the defendant's initial pre-Miranda statements, were sufficiently attenuated from the defendant's earlier statements to the police since there was a definite and pronounced break in the questioning ( see People v. White, 10 N.Y.3d 286, 292, 856 N.Y.S.2d 534, 886 N.E.2d 156;People v. Townsend, 100 A.D.3d 1029, 954 N.Y.S.2d 221,lv. denied20 N.Y.3d 1015, 960 N.Y.S.2d 358, 984 N.E.2d 333;People v. Hawthorne, 160 A.D.2d 727, 728–729, 553 N.Y.S.2d 799).
The defendant's remaining contention is unpreserved for appellate review ( see People v. Bullock, 284 A.D.2d 546, 547, 727 N.Y.S.2d 323), and, in any event, is without merit ( seePenal Law § 60.35[1]; People v. Guerrero, 12 N.Y.3d 45, 876 N.Y.S.2d 687, 904 N.E.2d 823;People v. Bullock, 284 A.D.2d at 547, 727 N.Y.S.2d 323).