Legal Opinion

People v. Kemp

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1999PublishedCited by 9 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [3]) and sexual abuse in the first degree (Penal Law § 130.65 [3]). Defendant contends that the Miranda warnings should have been repeated after a four-hour break in the interrogation. Defendant failed to raise that contention at the suppression hearing and thus has failed to preserve it for our review (see, CPL 470.05 [2]; People v DiLenola, 245 AD2d 1132; People v Mota, 243 AD2d 316, lv denied 91 NY2d 835). In any event, defendant’s…

2Cases cited8 opinions

  1. People v. GlinsmanAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. BakerAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. StantonAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. SakadinskyAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by9 opinions

  1. People v. ChatmanAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. TobiasAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. ZappullaAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. FontanezAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. RogerAppellate Division of the Supreme Court of the State of New York · 2001

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