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PEOPLE v. MIDDLEBROOKS

300 A.D.2d 1142 (2002)

752 N.Y.S.2d 759

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS MIDDLEBROOKS, Appellant.

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

Decided December 30, 2002.

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

Memorandum:

On appeal from a judgment convicting him following a nonjury trial of assault in the first degree (Penal Law § 120.10 [3]), defendant contends that his inculpatory statements made to the police should have been suppressed because they were obtained in violation of his right to counsel (see generally People v Settles,

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