PEOPLE v. SEARS

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

The PEOPLE, etc., respondent, v. Allah SEARS, appellant.

Decided: July 26, 2004

FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, and REINALDO E. RIVERA, JJ. Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant, and appellant pro se. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Karen F. McGee and Anne Crick of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered August 16, 2001, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial (Rienzi, J.), after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement authorities.

ORDERED that the judgment is affirmed.

The defendant made certain statements to a particular detective who, in effect, delayed his arraignment in order to be able to question him before his right to counsel attached (cf. People v. Samuels, 49 N.Y.2d 218, 424 N.Y.S.2d 892, 400 N.E.2d 1344).   The defendant contends that this rendered his statements involuntary.   However, his contention is unpreserved for appellate review (see CPL 470.05[2] ).   In any event, his contention is without merit, as the totality of the circumstances shows that his statements were voluntarily made (see People v. Ramos, 99 N.Y.2d 27, 750 N.Y.S.2d 821, 780 N.E.2d 506).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contentions, raised in his supplemental pro se brief, either are unpreserved for appellate review (see CPL 470.05[2] ), or without merit.

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