People v. Rogers, 2004-02866.

Decision Date08 November 2006
Docket Number2004-02866.
Citation2006 NY Slip Op 08157,824 N.Y.S.2d 121,34 A.D.3d 504
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YARDLEY ROGERS, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

The defendant contends that statements he made to a police detective after the administration of Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) should have been suppressed because they were the product of a continuous custodial interrogation which began before he was advised of his constitutional rights. However, since the defendant failed to raise this specific argument in support of suppression at the Huntley hearing (see People v Huntley, 15 NY2d 72 [1965]), it is unpreserved for appellate review (see People v Vasquez, 66 NY2d 968 [1985]; People v Thompson, 27 AD3d 495 [2006]; People v Caballero, 23 AD3d 1031 [2005]; People v Santana, 235 AD2d 220 [1997]; People v Brown, 195 AD2d 1055 [1993]), and we decline to review it in the exercise of our interest of justice jurisdiction.

Florio, J.P., Schmidt, Krausman and Lifson, JJ., concur.

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6 cases
  • People v. Ortiz
    • United States
    • New York Supreme Court — Appellate Division
    • July 14, 2016
    ...55 A.D.3d 351, 352, 864 N.Y.S.2d 433 [2008], lv. denied 12 N.Y.3d 762, 876 N.Y.S.2d 713, 904 N.E.2d 850 [2009] ; People v. Rogers, 34 A.D.3d 504, 504–505, 824 N.Y.S.2d 121 [2006], lv. denied 8 N.Y.3d 849, 830 N.Y.S.2d 708, 862 N.E.2d 800 [2007] ...
  • People v. Reichel
    • United States
    • New York Supreme Court — Appellate Division
    • December 1, 2022
    ...his contention is unpreserved and, in any event, our determination makes clear that it is without merit (see People v. Rogers, 34 A.D.3d 504, 505, 824 N.Y.S.2d 121 [2d Dept. 2006], lv denied 8 N.Y.3d 849, 830 N.Y.S.2d 708, 862 N.E.2d 800 [2007] ; People v. Seymour, 255 A.D.2d 866, 866–867, ......
  • People v. Lopez
    • United States
    • New York Supreme Court — Appellate Division
    • May 29, 2013
    ...arrested him had no authority to arrest him in Massachusetts is unpreserved for appellate review ( seeCPL 470.05 [2]; People v. Rogers, 34 A.D.3d 504, 824 N.Y.S.2d 121;People v. Catoe, 181 A.D.2d 905, 582 N.Y.S.2d 29). In any event, his contention is without merit, as the Yonkers police off......
  • People v. Fowler
    • United States
    • New York Supreme Court — Appellate Division
    • December 12, 2012
    ...757,cert. denied475 U.S. 1109, 106 S.Ct. 1517, 89 L.Ed.2d 916;People v. Maxis, 50 A.D.3d 922, 923, 855 N.Y.S.2d 251;People v. Rogers, 34 A.D.3d 504, 505, 824 N.Y.S.2d 121). Moreover, the defendant may not rely upon trial testimony to challenge a suppression ruling where, as here, he failed ......
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