People v. Savino

• Decision Date: 06 August 2001
• Citation: 286 A.D.2d 352,728 N.Y.S.2d 687
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>NICHOLAS SAVINO, Appellant.

286 A.D.2d 352

728 N.Y.S.2d 687

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.NICHOLAS SAVINO, Appellant.

Decided August 6, 2001.

Friedmann, J. P., Florio, Smith and Cozier, JJ., concur.

Ordered that the judgment is affirmed.

We find no basis to disturb the hearing court's finding that the defendant's statement at the police station, made before he was given Miranda warnings (see, Miranda v Arizona, 384 US 436), was spontaneous, and therefore admissible (see, People v Huffman, 61 NY2d 795). In addition, the evidentiary ruling which precluded the defendant from introducing at trial evidence of a collateral nature was proper (see, People v Aska, 91 NY2d 979).

The County Court properly denied the defendant's application for youthful offender status (see, People v Harper, 270 AD2d 431).