| People v Holmes |
| 2011 NY Slip Op 01594 [82 AD3d 441] |
| March 3, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Marvin Holmes, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Martin J. Foncello of counsel), forrespondent.
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 inthe second degree, burglary in the first degree and criminal possession of a weapon in the seconddegree, and sentencing him, as a persistent violent felony offender, to an aggregate term of lifewithout parole, unanimously affirmed.
The court properly denied defendant's motion to suppress his statements to the police and hisvideotaped statement. There was no need for the police to repeat previously administeredMiranda warnings before reinterviewing defendant. The second interview came within areasonable time after the initial warnings, and custody had remained continuous (see People vGauger, 268 AD2d 386 [2000], lv denied 95 NY2d 852 [2000]). The length andcircumstances of defendant's custody were not unduly coercive. Furthermore, defendant'sstatement reveals that, after realizing he had been picked out of a lineup, he freely decided toretract his prior exculpatory statements and admit his guilt. Concur—Mazzarelli, J.P.,Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.