People v. Santalis
| Decision Date | 24 February 2003 |
| Citation | 755 N.Y.S.2d 311,302 A.D.2d 614 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>SAMUEL SANTALIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the police were not required to re-administer Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) before he was last questioned. The defendant remained in continuous custody and voluntarily waived his rights (see People v Saunders, 290 AD2d 461, 463 [2002]). When a person in continuous police custody receives Miranda rights and voluntarily waives those rights, it is not necessary to repeat the warnings prior to subsequent questioning within a "reasonable time" thereafter (see People v Holland, 268 AD2d 536, 537 [2000]; People v Glinsman, 107 AD2d 710 [1985], lv denied 64 NY2d 889 [1985], cert denied 472 US 1021 [1985]).
Furthermore, the County Court correctly refused to charge the affirmative defense of duress (see People v Hai Guang Zheng, 268 AD2d 443, 444 [2000]).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
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