People v. Ninham
| Decision Date | 07 June 1991 |
| Citation | 572 N.Y.S.2d 210,174 A.D.2d 1043 |
| Parties | PEOPLE of the State of New York, Respondent, v. Vernon A. NINHAM, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John Gannon, Buffalo, for appellant.
Peter L. Broderick by Thomas Brandt, Lockport, for respondent.
Before DOERR, J.P., and GREEN, PINE, BALIO and LAWTON, JJ.
The record of the suppression hearing supports the court's determination that defendant was properly advised of his Miranda warnings (see, Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) and knowingly and voluntarily waived those rights before giving a statement to the police. We further conclude that the court properly imposed a consecutive sentence on defendant's conviction for burglary in the third degree. The burglary conviction involved acts which were separate and distinct from those involved in the remaining convictions (see, People v. Brathwaite, 63 N.Y.2d 839, 482 N.Y.S.2d 253, 472 N.E.2d 29).
Judgment unanimously affirmed.
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People v. Allen
...advised of his Miranda rights and that he voluntarily waived them before giving a statement to the police ( see People v. Ninham, 174 A.D.2d 1043, 1043–1044, 572 N.Y.S.2d 210). We reject defendant's further contention that the court erred in constructively amending the indictment to charge ......
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People v. Miller
...487; People v. Whiting, 182 A.D.2d 732, 582 N.Y.S.2d 280, lv. denied 80 N.Y.2d 1030, 592 N.Y.S.2d 680, 607 N.E.2d 827; People v. Ninham, 174 A.D.2d 1043, 572 N.Y.S.2d 210; People v. Boyce, 133 A.D.2d 164, 518 N.Y.S.2d 827; People v. Ody, 13 A.D.2d 569, 212 N.Y.S.2d 378, cert. denied 368 U.S......
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