People v. Mancini — 239 A.D.2d 436

Majority

p. 436

The People of the State of New York, Respondent, v Keith L. C. Mancini, Appellant.

[658 NYS2d 37]

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 7, 1995, convicting him of attempted escape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In sentencing the defendant, the County Court properly considered the.defendant’s statement made to a State Investigator even though the statement had been suppressed as evidence obtained in violation of Miranda v Arizona ( 384 US 436 ; see, People v Williams, 164 AD2d 1 , 6, mod 79 NY2d 281 , 288; People v Estenson, 101 AD2d 687 ; People v Wright, 104 Misc 2d 911 , 920-925). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

Cases cited

Miranda v. Arizona 384 US 436 SCOTUS 1966-06-13 p. 436
People v. Williams 164 AD2d 1 N.Y. App. Div. 1990-10-23 at 6 p. 436
People v. Williams 79 NY2d 281 N.Y. 1992-03-31 at 288 p. 436
People v. Wright 104 Misc 2d 911 N.Y. Sup. Ct. 1980-06-24 at 920-925 p. 436