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Det Gda Behan accepted in cross-examination that White was under pressure to pay back a gambling debt. Please update your payment details to keep enjoying your Irish Times subscription. Sonya McLean. More from The Irish Times Health.

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Article 16 loses power as UK negotiating tool as EU hardens approach. Here, the defendant's initial statement was made prior to his arrest and he was not in custody at the time. Therefore, Miranda warnings see Miranda v Arizona, U. The Supreme Court properly found that the defendant's spontaneous statements, made after a police officer arrested him but before Miranda warnings were administered, were not triggered by any police questioning or other conduct which reasonably could have been expected to elicit a declaration from him see People v Baliukonis, 35 AD3d at The Supreme Court also properly determined that the defendant's statements after the Miranda warnings were administered were voluntarily made after he knowingly and intelligently waived his Miranda rights see People v Baliukonis, 35 AD3d at Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

Additionally, the defendant, who did not move to reopen the suppression hearing at trial, improperly relies on trial testimony in challenging the suppression ruling on appeal see People v Gonzalez, 55 N.

In any event, insofar as he maintains that his statements should have been suppressed because they were inconsistent with the victim's trial testimony as to how the assault occurred, such inconsistencies presented an issue of credibility for the trier of fact to resolve see e.

People v Dixson, 21 A. Your Email. Recipient's Email. Your Feedback. Your Email optional. Report a Comment. Please select the reason for reporting this comment.

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