People v. Miles

—Judgment unanimously affirmed. Memorandum: Defendant was convicted of assault in the first degree (Penal Law § 120.10 [1]) for causing serious physical injury to a friend of his ex-girlfriend. Following the assault, defendant made oral admissions and gave two written statements to the police. Although defendant initially denied kicking the victim in the head, he admitted in his second written statement that he had done so “a couple of times”.

Defendant contends that the oral statement he made to the police in which he initially denied kicking the victim in the head was improperly admitted…