People v. Miller

Decision Date31 January 2000
Citation268 A.D.2d 600,702 N.Y.S.2d 851
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>McKINLEY MILLER, Appellant.
CourtNew York Supreme Court — Appellate Division

Bracken, J. P., Santucci, Thompson and S. Miller, JJ., concur.

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the statements he made to law enforcement officials were involuntary. It is undisputed that the defendant was not threatened, abused, or otherwise mistreated by the police (see, People v Croney, 121 AD2d 558, 559). There is no evidence that the defendant requested an attorney at any time, that he was deprived of food or drink, or that he was subjected to persistent and overbearing interrogation or deception so fundamentally unfair as to deny due process (see, People v Padilla, 133 AD2d 353, 354.) Additionally, the hearing court found that the defendant had twice been advised of his Miranda rights and voluntarily waived them prior to making both his oral and videotaped statements (see, People v Padilla, supra; People v Croney, supra).

The defendant's remaining contention is without merit.

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5 cases
  • People v. Joseph
    • United States
    • New York Criminal Court
    • July 12, 2012
    ...at 690–691, 816 N.Y.S.2d 235;People v. McCoy, 284 A.D.2d 554, 554–555, 727 N.Y.S.2d 133 [2d Dept. 2001];People v. Miller, 268 A.D.2d 600, 601, 702 N.Y.S.2d 851 [2d Dept. 2000] ). While the potential of “third degree methods” to generate false confessions is readily recognizable, more subtle......
  • People v. Fowler
    • United States
    • New York Supreme Court — Appellate Division
    • December 12, 2012
    ...event, the defendant's contention is without merit ( see People v. Petronio, 34 A.D.3d 602, 604, 825 N.Y.S.2d 99;People v. Miller, 268 A.D.2d 600, 600–601, 702 N.Y.S.2d 851). Accordingly, the Supreme Court properly declined to suppress the statements in question. “A person is justified in u......
  • People v. McCoy
    • United States
    • New York Supreme Court — Appellate Division
    • June 25, 2001
    ...were involuntary. It is undisputed that the defendant was not threatened, abused, or otherwise mistreated by the police (see, People v Miller, 268 A.D.2d 600, 601). There is no evidence that the defendant requested an attorney at any time, that he was deprived of food or drink, or that he w......
  • People v. MEDINA, JR.
    • United States
    • New York Supreme Court — Appellate Division
    • January 31, 2000
    ...268 A.D.2d 600702 N.Y.S.2d 561THE PEOPLE OF THE STATE OF NEW YORK, Respondent,v.VICTOR M. MEDINA, JR., Appellant.Decided January 31, 2000.S. Miller, J. P., Krausman, McGinity and Luciano, JJ., concur ... Ordered that the application is denied ... The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US ... ...
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