People v. Peoples

—Judgment unanimously affirmed. Memorandum: Defendant’s inculpatory statement to his brother in the presence of a police officer was attenuated from his two earlier sworn statements which were suppressed because they were obtained outside the presence of counsel (see, People v Peoples, 80 AD2d 722). His statement under review was voluntary, defendant was clearly aware of the presence of the police officer, and the statement was neither the result of renewed police interrogation following the suppressed earlier statements nor the product of a single continuous chain of events. There was no…