| People v Williams |
| 2013 NY Slip Op 03116 [106 AD3d 759] |
| May 1, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Eric L. Williams, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Middletown, N.Y. (Robert H. Middlemiss ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered December 15, 2011, convicting him of rape in the first degree, uponhis plea of guilty, and imposing sentence. The appeal brings up for review the denial,after a hearing, of that branch of the defendant's omnibus motion which was to suppresshis statements to law enforcement officials.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the County Court properly declined tosuppress the statements he made to law enforcement officials after being informed of hisMiranda rights (see Miranda v Arizona, 384 US 436 [1966]). Thesepost-Miranda statements, taken in a different location and by a differentinterviewer from the defendant's initial pre-Miranda statements, were sufficientlyattenuated from the defendant's earlier statements to the police since there was a definiteand pronounced break in the questioning (see People v White, 10 NY3d 286, 292 [2008]; People v Townsend, 100AD3d 1029 [2012], lv denied 20 NY3d 1015 [2013]; People vHawthorne, 160 AD2d 727, 728-729 [1990]).
The defendant's remaining contention is unpreserved for appellate review (seePeople v Bullock, 284 AD2d 546, 547 [2001]), and, in any event, is without merit(see Penal Law § 60.35 [1]; People v Guerrero, 12 NY3d 45 [2009]; People vBullock, 284 AD2d at 547). Skelos, J.P., Angiolillo, Roman and Miller, JJ., concur.