PEOPLE v. MANCINI (1997)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Keith L.C. MANCINI, Appellant.

Decided: May 12, 1997

Before BRACKEN, J.P., and O'BRIEN, SANTUCCI, FRIEDMANN and GOLDSTEIN, JJ.

David Goodman, Poughkeespie (David Steinberg, of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie (Bridget Rahilly Steller, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 7, 1995, convicting him of attempted escape in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

In sentencing the defendant, the County Court properly considered the defendant's statement made to a State Investigator even though the statement had been suppressed as evidence obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (see, People v. Williams, 164 A.D.2d 1, 6, 560 N.Y.S.2d 1009, mod. 79 N.Y.2d 281, 288, 582 N.Y.S.2d 71, 590 N.E.2d 1199; People v. Estenson, 101 A.D.2d 687, 476 N.Y.S.2d 39; People v. Wright, 104 Misc.2d 911, 920-925, 429 N.Y.S.2d 993).

MEMORANDUM BY THE COURT.

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