People v. Smith

—Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered September 15, 1988 after a jury trial, convicting defendant of grand larceny in the fourth degree (Penal Law § 155.30 [5]) and sentencing him to a term of 2 to 4 years’ incarceration, unanimously affirmed.

Defendant’s challenge on appeal to the hearing court’s implied denial of his motion to suppress three of his statements, as violative of Miranda v Arizona (384 US 436), is meritless. Defendant’s statement "the money is mine” was never introduced into evidence at trial and is, therefore, academic for purposes of this…