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PEOPLE v. COACHMAN

Appellate Division of the Supreme Court of New York, Second Department.
Nov 30, 1987
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Ordered that the judgment is affirmed.

The defendant was represented by counsel on a four-month-old, unrelated misdemeanor charge when he was being questioned as to the instant crime. At the Huntley hearing, both of the interrogating police officers testified that they were unaware of the pending charge. Moreover, there was no evidence adduced at the hearing to support a finding that the police deliberately shielded themselves from this information or that they had any reason to make inquiry with respect thereto (see, People v Bertolo, 65 N.Y.2d 111; People v. Servidio, 54 N.Y.2d 951). Thus, the court did not err in denying that branch of the defendant's omnibus motion which was to suppress the statements made to the interrogating officers.

The defendant's further contention that the trial court abused its discretion in denying his motions to relieve assigned counsel is without merit (see, People v. Sawyer, 57 N.Y.2d 12, 18-19, cert denied 459 U.S. 1178; People v. Medina, 44 N.Y.2d 199, 207-208; People v. Bold, 125 A.D.2d 583).

The People proved beyond a reasonable doubt that the defendant's act of stabbing the deceased in the abdomen was the direct cause of death (see, People v. Kibbe, 35 N.Y.2d 407, 413; People v. Stewart, 40 N.Y.2d 692, 697). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence.

We have examined the defendant's remaining contentions and find that they are either unpreserved for our review or without merit. Bracken, J.P., Brown, Weinstein and Spatt, JJ., concur.