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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE GOMEZ, Also Known as EDDIE GOMES, Appellant.

Defendant's motion to suppress statements was properly denied. The court properly found that, under the totality of the circumstances, defendant's statements were voluntary ( see, People v. Anderson, 42 N.Y.2d 35). Defendant knowingly waived his rights and willingly provided a clear and coherent statement. There is no evidence that defendant was intoxicated or in any distress at the time of his statement, and there was no causal connection between the minor injuries received at the time of arrest and the statement taken hours later ( see, People v. Nieves, 205 A.D.2d 173, affd 88 N.Y.2d 618). We have considered defendant's remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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PEOPLE v. GOMEZ
(Apr 30, 1998)