Is a motion for dismissal of an indictment based upon the failure to extract an express waiver from Defendant of his Constitutional privilege against self-incrimination?

Finally, dismissal of the indictment is not required based upon the People's failure to extract an express waiver from Defendant of his Constitutional privilege against self-incrimination. Defendant herein automatically waived his privilege against self-incrimination.

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(People v. Smith, 87 NY2d 715, 721 [1996]).

Defendant's suggestion, that under United States v. Washington, Defendant is entitled to Miranda warnings, is incorrect. Washington does not stand for this proposition and, in any event, the facts of that case are wholly inapposite to the within matter.