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PEOPLE v. COLE

59 A.D.3d 302 (2009)

873 N.Y.S.2d 603

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARU COLE, Appellant.

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

Decided February 24, 2009.

The court properly denied defendant's motion to suppress a statement he made while he was in a holding cell. Approximately an hour before the statement at issue, defendant received Miranda warnings, waived his right to remain silent and made an exculpatory oral statement. Although he refused to give a written statement, this did not invoke his right to remain silent (see People v Hendricks, 90 N.Y.2d 956 [1997]). Defendant...

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