context: (Tr. at 33-39, 98-101, 128-29.) As this Court has no reason to doubt the credibility of the three officers in this case, their specific recollections trump ADA Coyne's bare assumption that the criminal file jacket accurately represents her conversation with Officer Fogarty.
citation_a.signal: see
citation_a.identifier: 634 F.Supp. 1144, 1147
citation_a.parenthetical: holding that police officer's sworn affidavit that Miranda warnings were given was held sufficient to deny suppression of defendant's post-arrest statement in the absence of properly-supported statement by defendant to the contrary
citation_a.sentence: See United States v. Martinez, 634 F.Supp. 1144, 1147 (S.D.N.Y.1986)(holding that police officer’s sworn affidavit that Miranda warnings were given was held sufficient to deny suppression of defendant’s post-arrest statement in the absence of properly-supported statement by defendant to the contrary); see also United States v. Patterson, No. 02 Cr. 283(WHP), 2002 WL 31890950, at *5 (S.D.N.Y. Dec. 27, 2002) (“[Defendant’s] lack of a present recollection of being informed of his Miranda rights, coupled with [the agent’s] specific recollection ... that [defendant] was read his Miranda rights by [another agent], is sufficient for this Court to conclude that [defendant] properly received his Miranda warnings.”); Agugliaro v. Brooks Bros., Inc., 927 F.Supp. 741, 745 n. 4 (S.D.N.Y. 1996)(when presented with defendant’s “specific recollection” and “plaintiffs lack of recollection of what he said at the first meeting,” reasonable jury “could only” accept defendant’s account of the meeting).
citation_b.signal: see also
citation_b.identifier: 2002 WL 31890950, at *5
citation_b.parenthetical: "[Defendant's] lack of a present recollection of being informed of his Miranda rights, coupled with [the agent's] specific recollection ... that [defendant] was read his Miranda rights by [another agent], is sufficient for this Court to conclude that [defendant] properly received his Miranda warnings."
citation_b.sentence: See United States v. Martinez, 634 F.Supp. 1144, 1147 (S.D.N.Y.1986)(holding that police officer’s sworn affidavit that Miranda warnings were given was held sufficient to deny suppression of defendant’s post-arrest statement in the absence of properly-supported statement by defendant to the contrary); see also United States v. Patterson, No. 02 Cr. 283(WHP), 2002 WL 31890950, at *5 (S.D.N.Y. Dec. 27, 2002) (“[Defendant’s] lack of a present recollection of being informed of his Miranda rights, coupled with [the agent’s] specific recollection ... that [defendant] was read his Miranda rights by [another agent], is sufficient for this Court to conclude that [defendant] properly received his Miranda warnings.”); Agugliaro v. Brooks Bros., Inc., 927 F.Supp. 741, 745 n. 4 (S.D.N.Y. 1996)(when presented with defendant’s “specific recollection” and “plaintiffs lack of recollection of what he said at the first meeting,” reasonable jury “could only” accept defendant’s account of the meeting).