People v. Smith

Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered May 9, 1986, convicting him of attempted burglary in the third degree, possession of burglar’s tools, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On the instant appeal, the defendant argues that his statements to the police should have been suppressed, since he was not given his Miranda warnings prior to custodial interrogation. We disagree.

The record indicates that on September 28, 1985, at about 1:30 a.m., a police…