People v Holmes

People v Holmes 2011 NY Slip Op 01594 Decided on March 3, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 3, 2011
Mazzarelli, J.P., Acosta, DeGrasse, Richter, Manzanet-Daniels, JJ.
4423 5745/07

[*1]The People of the State of New York, Respondent,

v

Marvin Holmes, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Peter Theis of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Martin J.
Foncello of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered June 18, 2008, convicting defendant, after a jury trial, of murder in the first degree (two counts), murder in the second degree, burglary in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of life without parole, unanimously affirmed.

The court properly denied defendant's motion to suppress his statements to the police and his videotaped statement. There was no need for the police to repeat previously administered Miranda warnings before reinterviewing defendant. The second interview came within a reasonable time after the initial warnings, and custody had remained continuous (see People v Gauger, 268 AD2d 386 [2000] lv denied 95 NY2d 852 [2000]). The length and circumstances of defendant's custody were not unduly coercive. Furthermore, defendant's statement reveals that, after realizing he had been picked out of a lineup, he freely decided to retract his prior exculpatory statements and admit his guilt.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 3, 2011

CLERK