People v. Percy Santos - Supreme Court of New York

People v. Percy Santos

By Supreme Court of New York

  • Release Date: 1990-06-04
  • Genre: Law
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DECISION & ORDER The record fails to indicate that the detective who interrogated the defendant had either actual knowledge
of the unrelated charges which were then pending against the defendant or that the defendant was represented by counsel on
those charges. Moreover, there is no basis in this case for imputing constructive knowledge to the detective that the defendant
already had legal counsel at the time of the questioning, in the absence of some measure of bad faith on the part of the police
(see, People v Bertolo, 65 N.Y.2d 111, 120). Accordingly, the decision by the hearing court to deny that branch of the defendant's
motion which was to suppress his inculpatory videotaped statement was proper. It was within the sound discretion of the Trial Judge to impose consecutive sentences, as the murder of one victim and the
robberies of three others resulted from four separate acts (see, Penal Law § 70.25[2]; People v Brathwaite, 63 N.Y.2d 839).

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