People v. Martinez
Decision Date | 13 December 1999 |
Citation | 267 A.D.2d 332,699 N.Y.S.2d 885 |
Court | New York Supreme Court — Appellate Division |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ANTONIO MARTINEZ, Appellant. |
Santucci, J. P., Joy, Florio and Luciano, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's claim that his statements should have been suppressed because he was arrested in his home without a warrant (see, Payton v New York, 445 US 573), is unpreserved for appellate review (see, CPL 470.05 [2]; People v Morales, 250 AD2d 782). In any event, his claim is without merit because a reasonable person, innocent of any crime, would not have believed that he or she was in police custody (see, People v Yukl, 25 NY2d 585, cert denied 400 US 851), and the hearing court properly found that the defendant was not forcibly removed from his home for questioning (see, People v Carrier, 248 AD2d 628). Although the defendant also contends that his statements were obtained in violation of his Miranda rights (see, Miranda v Arizona, 384 US 436), the record supports the hearing court's finding that the defendant's statements were voluntarily made after he knowingly and intelligently waived his rights (see, People v Prochilo, 41 NY2d 759; People v Levine, 174 AD2d 757).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt and that the defendant failed to sustain his burden of establishing, by a preponderance of the evidence, the applicability of the affirmative defense contained in Penal Law § 125.25 (3) (see, People v Jackson, 208 AD2d 862).
The defendant's remaining contentions are without merit.
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