People v. Cass
843 N.Y.S.2d 893
N.Y. App. Div.
2007
Check Treatment

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICKEY CASS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department

September 28, 2007

843 NYS2d 893

(September 28, 2007)

Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered March 24, 2005. The judgment convicted defendant, upon a jury verdict, of murder in the second degree, unauthorized use of a vehicle in the first degree and petit larceny.

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 a jury verdict of murder in the second degree (Penal Law § 125.25 [1]), unauthorized use of a vehicle in the first degree (§ 165.08) and petit larceny (§ 155.25). Contrary to the contention of defendant, Supreme Court did not err in refusing to suppress his statements to the police. The conflicting testimony of defendant and the police detectives presented credibility issues that the court was entitled to resolve in favor of the People (see

, lv denied
;
, lv denied
,
; see generally
). We conclude that the police properly advised defendant of his Miranda rights before questioning him concerning a murder in Brooklyn, that defendant voluntarily and intelligently waived those rights, and that, because defendant was in the continuous custody of the police, it was not necessary for the police to advise defendant again of his Miranda rights before questioning him concerning a second murder that occurred in Buffalo (see
, lv denied
). Defendant contends that his Miranda rights should have been repeated before the questioning concerning the Buffalo murder because he was initially taken into custody for questioning only on the Brooklyn murder. We reject that contention. “There is . . . no requirement that a suspect be made aware in advance of all possible subjects of questioning” before receiving and waiving Miranda rights (
, lv denied
; see
, lv denied
). Finally, the sentence is not unduly harsh or severe.

Present—Scudder, P.J., Hurlbutt, Gorski, Centra and Lunn, JJ.