| People v Noble |
| 2015 NY Slip Op 06523 [131 AD3d 550] |
| August 12, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Ricky Noble, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Allegra Glashausser of counsel), forappellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove,Solomon Neubort, and Jean M. Joyce of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(DiMango, J.), rendered September 23, 2011, convicting him of endangering the welfareof a child (two counts) and sexual abuse in the third degree, after a nonjury trial, andimposing sentence. The appeal brings up for review the denial, after a hearing (Sullivan,J.), of that branch of the defendant's omnibus motion which was to suppress hisstatements to law enforcement officials.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly determined thatthe defendant did not unequivocally and unqualifiedly express a desire to remain silent(see People v Seda, 289 AD2d 422 [2001]). The court's determination, whichturned on its assessment of the hearing testimony of a detective, is supported by therecord (see People vAlmonor, 122 AD3d 763 [2014]; People v Lowin, 36 AD3d 1153, 1155 [2007]).Accordingly, the Supreme Court properly denied that branch of the defendant's omnibusmotion which was to suppress his statements to law enforcement officials.
The defendant's contention that certain counts in the indictment were multiplicitousis unpreserved for appellate review (see People v Cruz, 96 NY2d 857 [2001])and, in any event, without merit (see People v Salton, 120 AD3d 838 [2014]; People vSaunders, 290 AD2d 461 [2002]). Chambers, J.P., Hall, Cohen and Maltese, JJ.,concur.