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PEOPLE v. CARO

2010-11410. Ind. No. 8358/09.

177 A.D.3d 995 (2019)

111 N.Y.S.3d 191

2019 NY Slip Op 08573

The People of the State of New York, Respondent, v. Gabriel Caro, Also Known as Jose Rivera, Appellant.

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

Decided November 27, 2019.

Ordered that the judgment is affirmed.

We agree with the Supreme Court's denial of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials. Although the defendant's indelible right to counsel had attached, the statements he made to a detective prior to being given Miranda warnings (see Miranda v Arizona, 384 U.S. 436 [1966]) were voluntary, spontaneous, and not the...

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