People v. Mayo

Memorandum: Defendant is charged with burglary third degree and pefit larceny. A pretrial suppression hearing (erroneously referred to as a Huntley hearing) was conducted to determine whether the four-fold Miranda warning had been given at the time defendant was interrogated. The officer testified that he had given the required warning. Defendant testified that he was not advised of his constitutional rights. At the conclusion of the proof the court reserved decision. Defense counsel then requested a Huntley hearing. The prosecutor replied that defendant was not entitled to a Huntley hearing.…