People v. Garcia

Judgment, Supreme Court, New York County (Carol Berk-man, J., at hearing; James A. Yates, J., at jury trial and sentence), rendered April 21, 2004, convicting defendant of murder in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 25 years to life, 15 years and 7 years, respectively, unanimously affirmed.

The court properly denied defendant’s suppression motion. The police questioned defendant after taking him into custody under an outstanding bench warrant for an unrelated charge. Even assuming counsel had been…