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People v. Glover

Supreme Court of New York, Fourth Department

September 27, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WARREN J. GLOVER, DEFENDANT-APPELLANT.

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered May 14, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DREW R. DUBRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MATTHEW DUNHAM OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [4]). Contrary to the contention of defendant, County Court properly refused to suppress his written and oral statements to the police. The record establishes that defendant's statements were voluntarily made; there is no indication in the record of the suppression hearing that he " was intoxicated to the degree of mania, or of being unable to understand the meaning of his statements' " (People v Schompert, 19 N.Y.2d 300, 305, cert denied 389 U.S. 874; see People v Peterkin, 89 A.D.3d 1455, 1455, lv denied 18 N.Y.3d 885; People v Prober, 298 A.D.2d 966, 967, lv denied 99 N.Y.2d 538).


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