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PEOPLE v. HERNANDEZ

2007-01522.

67 A.D.3d 820 (2009)

889 N.Y.S.2d 218

2009 NY Slip Op 08242

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCO HERNANDEZ, Appellant.

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

Decided November 10, 2009.

Ordered that the judgment is affirmed.

We find no basis to disturb the hearing court's determination that the defendant knowingly, voluntarily, and intelligently waived his Miranda rights (see Miranda v Arizona, 384 U.S. 436 [1966]). In particular, "[i]ntoxication alone is insufficient to render a statement involuntary. Only where it is demonstrated that the defendant was intoxicated to a degree of mania or of being unable...

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