| People v Sawyer |
| 2007 NY Slip Op 08094 [44 AD3d 970] |
| October 23, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Divine Sawyer, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg,J.), rendered October 31, 2002, convicting him of murder in the first degree, attempted murder inthe second degree, and criminal possession of a weapon in the second degree, upon a jury verdict,and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branchof the defendant's omnibus motion which was to suppress his statements to law enforcementofficials.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised itsdiscretion in making its Sandoval ruling (see People v Sandoval, 34 NY2d 371[1974]).
Moreover, the evidence supports the hearing court's determination that the defendant'sstatements were made after he knowingly and voluntarily waived his Miranda rights(see Miranda v Arizona, 384 US 436 [1966]). The defendant's statements were not theproduct of any distress caused by a medical condition, as evinced by his lengthy delay inmentioning his medical condition to the police (see People v Brown, 5 AD3d 789 [2004]; People v Soto,295 AD2d 230 [2002]).
The defendant's contentions raised in point 2 of his brief regarding the jury charge, and inpoint 6 of his brief regarding alleged juror bias, are unpreserved for appellate review and, in anyevent, are without merit. The defendant's remaining contentions are without merit or do notrequire reversal. Spolzino, J.P., Santucci, Skelos and Dickerson, JJ., concur.