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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLAH SEARS, Appellant.

Ordered that the judgment is affirmed.

The defendant made certain statements to a particular detective who, in effect, delayed his arraignment in order to be able to question him before his right to counsel attached ( cf. People v. Samuels, 49 NY2d 218). The defendant contends that this rendered his statements involuntary. However, his contention is unpreserved for appellate review ( see CPL 470.05). In any event, his contention is without merit, as the totality of the circumstances shows that his statements were voluntarily made ( see People v. Ramos, 99 NY2d 27).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).

The defendant's remaining contentions, raised in his supplemental pro se brief, either are unpreserved for appellate review ( see CPL 470.05), or without merit.

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PEOPLE v. SEARS
(Jul 26, 2004)