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PEOPLE v. MARTINEZ

276 A.D.2d 645 (2000)

714 N.Y.S.2d 129

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MARTINEZ, Appellant.

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

Decided October 16, 2000.

Ordered that the judgment is affirmed.

The defendant's claim that the hearing court erred in denying that branch of his motion which was to suppress statements he made to the police because he did not understand the Miranda warnings (see, Miranda v Arizona, 384 U.S. 436) and therefore did not speak voluntarily is without merit. A review of the totality of the circumstances establishes that the defendant's statements while...

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