People v. Colon

Defendant, age 20 at time of offense, was convicted, after jury trial, of 1st degree murder. Court did not abuse its discretion by finding that any prejudicial effect of witness lineup testimony was outweighed by its probative value. Police were not required to inform Defendant, prior to questioning asnd as part of their Miranda warnings, that he had the right to terminate questioning at any time. Court did not abuse its discretion in sentencing Defendant to 40 years. Defendant was on probation at time of offense, and court found that Defendant was, and still is, an active gang member. (BURKE and ELLIS, concurring.)