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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMASSO BENEDETTO, Appellant.

Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that the hearing court erred in refusing to suppress his first written statement, made after he was advised of, and waived, his Miranda rights. Although the defendant was asked questions by an officer at the crime scene prior to receiving the Miranda warnings, he was not subject to any additional questioning during the approximately two-hour period before being advised of his rights at the precinct and then making the written statement to a detective. Therefore, the statement was admissible as it was not the product of a continuous interrogation ( see, People v. Hawthorne, 160 A.D.2d 727; see also, People v. Armstrong, 210 A.D.2d 182; People v. Abreu, 184 A.D.2d 707; People v. Velasquez, 171 A.D.2d 825; People v. Perry, 144 A.D.2d 706).

The defendant's remaining contentions are without merit.

Pizzuto, J. P., Santucci, Joy and Friedmann, JJ., concur.

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PEOPLE v. BENEDETTO
(Mar 9, 1998)