People v. Love

Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered January 23, 1979, convicting defendant, after a nonjury trial, of the crimes of burglary in the third degree and grand larceny in the third degree. At issue on this appeal is whether the People proved that defendant made a knowing and intelligent waiver of his Miranda rights. Defendant contends that his oral statements should have been suppressed because at the time the statements were made he was in the custody of the Department of Mental Hygiene, pursuant to GPL 330.20, on an order issued on February 3, 1977…