Legal Opinion

People v. Gutierrez

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 2004PublishedCited by 2 opinions

1Opinion of the Court

*269Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered January 29, 2003, convicting defendant, after a jury trial, of criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The officer was not required to administer Miranda warnings because defendant, who was…

2Cases cited4 opinions

  1. Berkemer v. McCartySupreme Court of the United States · 1984
  2. People v. CefaroNew York Court of Appeals · 1968
  3. People v. MathisAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. People v. FeiliAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. BaezAppellate Division of the Supreme Court of the State of New York · 2012

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