People v. Cagle
| Decision Date | 02 February 1990 |
| Citation | 551 N.Y.S.2d 95,158 A.D.2d 931 |
| Parties | PEOPLE of the State of New York, Respondent v. Micky R. CAGLE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Mark Hutchinson, Corning, for appellant.
John Tunney, by Michael McCartney, Bath, for respondent.
Before DILLON, P.J., and DENMAN, GREEN, LAWTON and DAVIS, JJ.
It was error for the court to deny defendant's motion to suppress statements given in response to questioning by police after defendant had been taken into custody but before he was given his Miranda warnings. On this record, however, the error was harmless beyond a reasonable doubt because the evidence of defendant's guilt was overwhelming and the testimony of both defendant and his witness was essentially the same as defendant's statements. Defendant's contention that the court erred in failing to inform him that he could controvert the constitutionality of a predicate conviction for driving while intoxicated is without merit (see, People v. Knack, 72 N.Y.2d 825, 530 N.Y.S.2d 541, 526 N.E.2d 32, affg 128 A.D.2d 307, 516 N.Y.S.2d 465). The court need only advise defendant of his option to admit or deny the previous conviction or to remain mute (CPL 200.60[3]. The court fulfilled that obligation. We have reviewed defendant's other argument and find it lacking in merit.
Judgment unanimously affirmed.
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State v. Easler
...statement implicating the appellant was harmless because it was cumulative to testimony from other State witnesses); People v. Cagle, 158 A.D.2d 931, 551 N.Y.S.2d 95 (1990) (the admission of the defendant's statements obtained in violation of Miranda held harmless beyond a reasonable doubt ......
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State v. Newell
...Newell of her rights under Miranda, we deem the admission of this testimony harmless beyond a reasonable doubt. People v. Cagle, 158 A.D.2d 931, 551 N.Y.S.2d 95 (1990). The record contains overwhelming evidence of Newell's guilt independent of her statements to Sergeant Canty. Indeed, no ve......