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THE PEOPLE, Etc., Respondent, v. McKINLEY MILLER, Appellant.(Ind. No. 640/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

There is no merit to the defendant's contention that the statements he made to law enforcement officials were involuntary. It is undisputed that the defendant was not threatened, abused, or otherwise mistreated by the police (see, People v. Croney, 121 A.D.2d 558, 559 ). There is no evidence that the defendant requested an attorney at any time, that he was deprived of food or drink, or that he was subjected to persistent and overbearing interrogation or deception so fundamentally unfair as to deny due process (see,People v. Padilla, 133 A.D.2d 353, 354 ). Additionally, the hearing court found that the defendant had twice been advised of his Miranda rights and voluntarily waived them prior to making both his oral and videotaped statements (see, People v. Padilla, supra; People v. Croney, supra).

The defendant's remaining contention is without merit.

BRACKEN, J.P., SANTUCCI, THOMPSON, and S. MILLER, JJ., concur.

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PEOPLE v. MILLER
(Jan 31, 2000)