People v. Diaz

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL DIAZ, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 17, 1997

238 A.D.2d 214 (N.Y. App. Div. 1997)

656 N.Y.S.2d 859

Opinion

April 17, 1997

Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered May 27, 1994, convicting defendant, after a nonjury trial, of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent prison terms of 12 1/2 to 25 years and 1 year, respectively, unanimously affirmed.

The record establishes that the Miranda warnings read to defendant conveyed the requisite information ( see, People v Sirno, 151 A.D.2d 621, 623, affd 76 N.Y.2d 967) and that defendant understood the immediate import of the Miranda warnings read to him ( People v. Williams, 62 N.Y.2d 285). We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Ellerin, Rubin and Mazzarelli, JJ.