| People v Jones |
| 2014 NY Slip Op 06452 [120 AD3d 1595] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Phillip L. Jones, Appellant. |
William G. Pixley, Rochester, for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Matthew Dunham of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Thomas R. Morse, A.J.),rendered March 1, 2010. The judgment convicted defendant, upon a jury verdict, ofcriminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a juryverdict of criminal possession of a weapon in the second degree (Penal Law§ 265.03 [3]). Defendant contends that the People failed to establish that heknowingly, voluntarily, and intelligently waived his Miranda rights, and thatCounty Court therefore erred in refusing to suppress the statements he made to the policeafter the arresting officer read him those rights. Specifically, defendant contends that theevidence at the Huntley hearing demonstrates that he did not waive hisMiranda rights, but that he asked the arresting officer "[w]hat's going on" afterthe arresting officer read him the Miranda warnings. Contrary to defendant'scontention, the court properly refused to suppress those statements. It is well settled that"an explicit verbal waiver is not required; an implicit waiver may suffice and may beinferred from the circumstances" (People v Smith, 217 AD2d 221, 234 [1995],lv denied 87 NY2d 977 [1996]). Thus, "[w]here, as here, a defendant has beenadvised of his Miranda rights and within minutes thereafter willingly answersquestions during interrogation, 'no other indication prior to the commencement ofinterrogation is necessary to support a conclusion that the defendant implicitly waivedthose rights' " (People v Goncalves, 288 AD2d 883, 884 [2001], lvdenied 97 NY2d 729 [2002], quoting People v Sirno, 76 NY2d 967, 968[1990]; see People vStrahin, 114 AD3d 1284, 1285 [2014], lv denied 23 NY3d 968 [2014]).Present—Smith, J.P., Fahey, Lindley, Valentino and DeJoseph, JJ.