People v Pierre, 2018 NY Slip Op 01485 [159 AD3d 723]

March 7, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Wesner Pierre, Appellant.

Arleen Lewis, Blauvelt, NY, for appellant.

Thomas P. Zugibe, District Attorney, New City, NY (Itamar J. Yeger of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Rockland County (William A. Kelly, J.), rendered November 18, 2015, convicting him of arson in the third degree, assault in the second degree, criminal possession of a weapon in the third degree, and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s sole contention on appeal is that his statement to police made on November 20, 2014, was taken in violation of his right to counsel. This contention is academic, as that statement was suppressed after a pretrial hearing and was not used at trial ( see People v Pearson , 93 AD3d 1343 [2012]; People v Gilot , 20 AD3d 489 [2005]). Austin, J.P., Roman, Sgroi and Brathwaite Nelson, JJ., concur..