People v. Ibarrondo
Docket: 716 KA 12-01361
Court: Appellate Division of the Supreme Court of the State of New York; September 30, 2022; New York; State Appellate Court
Original Court Document: View Document
Emmanuel Ibarrondo appealed a judgment from the Livingston County Court convicting him of criminal sale of a controlled substance in the fourth degree following a guilty plea. The Appellate Division, Fourth Department, affirmed the judgment, having previously remitted the case for the lower court to address issues surrounding the suppression of a statement Ibarrondo made to a Corrections Investigator. The court found that the statement was made knowingly, intelligently, and voluntarily, and that Ibarrondo did not make an unequivocal request for counsel. Ibarrondo argued that his statement should have been suppressed due to his status as a native Spanish speaker, claiming the prosecution failed to prove he understood and waived his Miranda rights. The court rejected this argument, noting that the Investigator provided oral and written Miranda warnings in Spanish. Evidence indicated that Ibarrondo comprehended his rights, including the right to remain silent and to consult an attorney before questioning. Furthermore, the court concluded that a part of Ibarrondo's statement expressing a desire to discuss certain issues with a lawyer did not amount to an unequivocal request for legal counsel. The overall ruling upheld the admissibility of his statement.