People v. Cortijo

—Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 5, 1999, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. While defendant was in custody awaiting sentencing for an unrelated narcotics case on which he had counsel, he was interviewed by a probation officer who was preparing a presentence report. When, in taking a family history, the probation officer asked defendant where his father was, defendant replied, “I…