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Criminal Term denied the motion

A Queens Petit Larceny Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 19, 1981, convicting him of petit larceny, upon his plea of guilty and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of defendant’s pretrial motion which sought suppression of oral statements.

A Queens Criminal Lawyer said that, the testimony at the suppression hearing revealed that on October 28, 1980, defendant entered the Jamaica, Queens, and branch of the National Bank of North America and attempted to withdraw funds from a nonexistent account. The police were summoned and defendant was placed under arrest. While still in the bank, arresting officer Detective advised defendant of his Miranda rights, including the right to remain silent and the right to consult with an attorney. Defendant acknowledged that he understood his rights, but remained silent when asked if he was willing to answer questions without an attorney being present. The Detective testified that from this he assumed that defendant did not wish to be questioned. Thereupon, the Detective brought defendant to the precinct, which was across the street from the bank.

A Queens Robbery Lawyer said that, once at the precinct, the Detective took defendant to a squad room to begin processing the arrest. Several minutes later, a former New York City police officer and now chief of security for the National Bank of North America, entered the room. After identifying himself, he informed the Detective that defendant was wanted in connection with a similar incident at another branch of the bank. According to the Detective, he did not speak with the defendant in the detective’s presence. While the detective may have left the former New York police and the defendant in the room for a time, there were other police officers present. He asserted that he made no promises or threats to the defendant. He also asserted that he did not ask the police officers to question defendant for him, nor did they prompt him to question defendant. He did, however, acknowledge that defendant may have been handcuffed to a chair at the time. After speaking with defendant, he stayed in the squad room another 15 or 20 minutes conversing with some of the detectives with whom he was acquainted.

If you are apprehended in the crime of petit larceny or grand larceny, and your Miranda rights has been impaired, seek the assistance of a Queens Grand Larceny Attorney and Queens Criminal Attorney at Stephen Bilkis and Associates in order to defend your case.

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