PEOPLE v. WALKER (1997)

Judgment, Supreme Court, Bronx County (John Collins, J., at Huntley hearing;  John Moore, J., at sentencing), rendered September 23, 1994, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the third degree, and sentencing him to a term of 1 1/2 to 4 1/2 years, unanimously affirmed.

 The court properly found that, under the “totality of the circumstances”, defendant's statement was voluntary and therefore admissible (see, People v. Anderson, 42 N.Y.2d 35, 396 N.Y.S.2d 625, 364 N.E.2d 1318).  Defendant acknowledged that he understood his rights and was willing to answer questions.   Defendant was alert and coherent during the interview (see, People v. Del Rosario, 210 A.D.2d 72, 620 N.Y.S.2d 3, lv. denied 84 N.Y.2d 1030, 623 N.Y.S.2d 186, 647 N.E.2d 458), despite the injuries he sustained in a car crash.   Furthermore, defendant never asked for medication, a doctor, an interpreter, or for the interview to end.   The court properly concluded that defendant's physical injuries did not interfere with his making a voluntary statement.

 There is no merit to defendant's contention that the integrity of the Grand Jury proceedings was impaired by the presence of a second Assistant District Attorney who was present for observational purposes (see, People v. Molina, 203 A.D.2d 486, 610 N.Y.S.2d 589, lv. denied 87 N.Y.2d 975, 642 N.Y.S.2d 205, 664 N.E.2d 1268).

MEMORANDUM DECISION.