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OPINION
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EXTRACTED KEY WORDS
APPELLANT REVIEW JUDGE JUAN JOHNNY NUNEZ SSM MEMORANDUM PUBLICATION YORK REPORTS DAVID SETH MICHAELS SUBMISSIONS PURSUANT DETERMINATION SILENT RESOLVES MIXED QUESTION LAW COURT EVIDENCE HARRISON NY2D CHIEF JUDGE WACHTLER JUDGES SIMONS KAYE TITONE HANCOCK BELLACOSA CONCUR |
THE PEOPLE &C., RESPONDENT, v. JUAN "JOHNNY" NUNEZ, APPELLANT.
80 N.Y.2d 858, 600 N.E.2d 626, 587 N.Y.S.2d 899 (1992).
July 2, 1992
3 No. 225 SSM 34
Decided July 2, 1992
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by David Seth Michaels, for Appellant.
Submitted by Henry Neal Conolly, for Respondent.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed. The determination that a defendant validly waived his
constitutional right to remain silent resolves a mixed question of law
and fact, and is not subject to further review in this Court where, as
here, it is supported by evidence in the record (see, People v
Harrison, 57 NY2d 470). Chief Judge Wachtler and Judges Simons, Kaye,
Titone, Hancock and Bellacosa concur.
SNIPPETS:
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