People v. Castimore — 166 A.D.2d 915

Majority

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The People of the State of New York, Respondent, v Harry Castimore, Appellant.

Judgment unanimously affirmed. Memorandum: The court properly denied defendant’s motion to suppress. The record establishes that defendant was not so intoxicated that he was unable to comprehend the Miranda warnings (see, Miranda v Arizona, 384 US 436 ) he was given and that he knowingly and voluntarily waived his rights (see, People v Schompert, 19 NY2d 300 , 305-307, cert

p. 916

denied 389 US 874 ; People v Williams, 147 AD2d 515 , 516; People v Perry, 144 AD2d 706 ). We also conclude that the verdict was supported by the weight of the evidence and that the evidence was legally sufficient (see, People v Bleakley, 69 NY2d 490 , 495). (Appeal from judgment of Erie County Court, Lomanto; J. — assault, first degree.) Present — Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.

Cases cited

Miranda v. Arizona 384 US 436 SCOTUS 1966-06-13 p. 915
People v. Schompert 19 NY2d 300 N.Y. 1967-04-06 at 305-307 p. 915
People v. Perry 144 AD2d 706 N.Y. App. Div. 1988-11-28 p. 916
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 916