People v. Price — 108 A.D.2d 933

Majority

p. 933

The People of the State of New York, Respondent, v Jacqueline Price, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered September 19, 1983, convicting her of attempted robbery in the second degree, upon her plea of guilty, and imposing a sentence of IVs to 4 years’ imprisonment.

Judgment affirmed.

Defendant contends that her confession, obtained 6V2 hours after her arrest, should have been suppressed. The record supports a conclusion that defendant was lawfully arrested and properly advised of her Miranda rights. She voluntarily agreed to make a statement without an attorney present. There was no indication that she was deprived of food, drink or sleep. Therefore, suppression of defendant’s statement was properly denied (cf. People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ; People v Crosby, 91 AD2d 20 , lv denied 59 NY2d 765 ; People v Clow, 62 AD2d 880 ).

p. 934

The sentence imposed was in accordance with the bargained plea and the appellate modification is not warranted (cf. People v Kazepis, 101 AD2d 816 ; People v Suitte, 90 AD2d 80 ). Titone, J. P., O’Connor, Rubin and Lawrence, JJ., concur.

Cases cited

People v. Casassa 49 NY2d 668 N.Y. 1980-04-01 p. 933
People v. Crosby 91 AD2d 20 N.Y. App. Div. 1983-01-03 p. 933
People v. Clow 62 AD2d 880 N.Y. App. Div. 1978-07-06 p. 933
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 934