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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERNON A. NINHAM, Appellant.

Judgment unanimously affirmed. Memorandum: The record of the suppression hearing supports the court's determination that defendant was properly advised of his Miranda warnings (see, Miranda v Arizona, 384 U.S. 436) and knowingly and voluntarily waived those rights before giving a statement to the police. We further conclude that the court properly imposed a consecutive sentence on defendant's conviction for burglary in the third degree. The burglary conviction involved acts which were separate and distinct from those involved in the remaining convictions (see, People v Brathwaite, 63 N.Y.2d 839).

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PEOPLE v. NINHAM
(Jun 7, 1991)