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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CRICHTON, Appellant.

Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that his Fifth Amendment right against self-incrimination was violated by the testimony at trial of a police officer to the effect that the defendant refused to give a videotaped statement after giving both oral and written statements admitting to the crime (see, People v. Hendricks, 222 A.D.2d 74).

The trial court's Sandoval ruling was not an improvident exercise of discretion (see, People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292).

Bracken, J. P., O'Brien, Joy and Florio, JJ., concur.

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PEOPLE v. CRICHTON
(Apr 5, 1999)