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People v. MonroePeople v. Monroe

Appellate Division of the Supreme Court of the State of New York
Apr 20, 2007
Appeal No. 1
Versions:39 A.D.3d 1276
832 N.Y.S.2d 858

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15 [4]). Defendant contends that County Court erred in refusing to suppress his statements because the police investigator to whom he made the statements had an initial conversation with defendant to “establish a general rapport” before advising him of his Miranda rights. Defendant failed to preserve that contention for our review (see People v Zeito, 302 AD2d 923 [2003], lv denied 99 NY2d 634 [2003]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Defendant further contends that, if this Court reverses the judgment of conviction in his other appeal pending before us (People v Monroe, 39 AD3d 1279 [2007]), then this judgment of conviction also should be reversed (see People v Pichardo, 1 NY3d 126, 129 [2003]). Because we are affirming that judgment (Monroe, 39 AD3d 1279 [2007]), there is no need to reverse this judgment of conviction.

Case Details

Case Name: People v. Monroe
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 20, 2007
Citations: 39 A.D.3d 1276; 832 N.Y.S.2d 858; Appeal No. 1
Docket Number: Appeal No. 1
Court Abbreviation: N.Y. App. Div.
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