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People v. Winn

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1987
132 A.D.2d 635 (N.Y. App. Div. 1987)

Opinion

July 13, 1987

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


Ordered that the judgment is affirmed.

The mere fact that there may exist outstanding charges as to which a defendant's right to counsel has attached will not preclude questioning on a new charge unless the police know or have reason to know that the defendant is actually represented on the outstanding charges (People v. Lucarano, 61 N.Y.2d 138, 145). Under the circumstances of this case, particularly the defendant's specific denial of any pending matters, the police cannot reasonably be charged with actual or constructive knowledge that the defendant was represented on a pending unrelated charge (see, People v. Bigus, 106 A.D.2d 454, 455).

In view of the defendant's prior extensive involvement with the criminal justice system, his express acknowledgment that he understood his constitutional rights, and his written waivers of those rights, the defendant's claim that he did not voluntarily and intelligently waive his Miranda rights is entirely devoid of merit (see, People v. Davis, 55 N.Y.2d 731; People v. Morton, 116 A.D.2d 925, 926, lv denied 67 N.Y.2d 887; People v. Harris, 115 A.D.2d 619). Niehoff, J.P., Lawrence, Weinstein and Kunzeman, JJ., concur.


Summaries of

People v. Winn

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1987
132 A.D.2d 635 (N.Y. App. Div. 1987)
Case details for

People v. Winn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WINN, Appellant

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

Date published: Jul 13, 1987

Citations

132 A.D.2d 635 (N.Y. App. Div. 1987)