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1994
2010
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Carter
Based on the totality of the surrounding circumstances, we conclude that the questioning of defendant in a prison interview room did not require warnings, regardless of whether the police told defendant explicitly that he could terminate the questioning and return to his cell (see Howes v Fields, 565 US —, 132 S Ct 1181 [2012]; People v Alls, 83 NY2d 94 [1993], cert denied 511 US 1090 *582 [1994]; People v Machicote, 23 AD3d 264, 265 [1st Dept 2005], lv denied 6 NY3d 777 [2006]).
cited
Cited as authority (rule)
Bcb Anesthesia Care, Ltd. v. The Passavant Memorial Area Hospital Association
Id. at 333-34, 114 S.Ct. at 1849.
cited
Cited as authority (rule)
BCB Anesthesia Care, Ltd. v. Passavant Memorial Area Hospital Ass'n
Id. at 333-34, 114 S.Ct. at 1849.
discussed
Cited "see"
People v. Albert
Although defendant was incarcerated on an unrelated offense, he was not subjected to custodial interrogation inasmuch as "[t]here was no added constraint' that would have led defendant to believe that some other restriction had been placed on him over and above that of ordinary confinement in a correctional facility' " ( People v Boyd , 159 AD3d 1358 , 1362 [4th Dept 2018], lv denied 31 NY3d 1145 [2018]; see People v Ayala , 27 AD3d 1087, 1088 [4th Dept 2006], lv denied 6 NY3d 892 [2006]; see generally People v Alls , 83 NY2d 94, 100 [1993], cert denied 511 US 1090 [1994]).
discussed
Cited "see"
People v. Boyd
There was no "added constraint" that would have led defendant to believe that some other restriction had been placed on him "over and above that of ordinary confinement in a correctional facility" ( People v Jackson , 141 AD3d 1095 , 1096 [4th Dept 2016], lv denied 28 NY3d 1146 [2017] [internal quotation marks omitted]; see generally People v Alls , 83 NY2d 94, 100 [1993], cert denied 511 US 1090 [1994]).
discussed
Cited "see"
People v. Jackson
Contrary to defendant’s contention, his statements to police on that date were not the product of a custodial interrogation requiring the administration of Miranda warnings at the outset of the interview (see People v Passino, 53 AD3d 204, 205-206 [2008], affd 12 NY3d 748 [2009]; see generally People v Alls, 83 NY2d 94, 100 [1993], cert denied 511 US 1090 [1994]).
discussed
Cited "see"
JACKSON, AARON, PEOPLE v
Contrary to defendant’s contention, his statements to police on that date were not the product of a custodial interrogation requiring the administration of Miranda warnings at the outset of the interview (see People v Passino, 53 AD3d -2- 601 KA 13-01066 204, 205-206, affd 12 NY3d 748 ; see generally People v Alls, 83 NY2d 94, 100 , cert denied 511 US 1090 ).
discussed
Cited "see"
People v. Jackson
Contrary to defendant’s contention, his statements to police on that date were not the product of a custodial interrogation requiring the administration of Miranda warnings at the outset of the interview (see People v Passino, 53 AD3d 204, 205-206 [2008], affd 12 NY3d 748 [2009]; see generally People v Alls, 83 NY2d 94, 100 [1993], cert denied 511 US 1090 [1994]).
discussed
Cited "see"
United States v. Dellosantos
(2×)
United States v. Calle, 120 F.3d 43, 44 (5th Cir.1997), cert. denied, 523 U.S. 1012 , 118 S.Ct. 1202 , 140 L.Ed.2d 330 (1998); United States v. Henry, 71 Fed.Appx. 493, 499-500 (6th Cir.2003) (per curiam), cert. denied sub nom., Rosenboro v. United States, 540 U.S. 1134 , 124 S.Ct. 1111 , 157 L.Ed.2d 939 (2004); United States v. Vaziri, 164 F.3d 556, 566-67 (10th Cir.1999), cert. denied sub nom., Quarterman v. United States, 533 U.S. 923 , 121 S.Ct. 2536 , 150 L.Ed.2d 705 (2001); United States v. Barnes, 158 F.3d 662, 672 (2d Cir.1998); accord United States v. Banks, 10 F.3d 1044, 1054-55 (4th…
discussed
Cited "see"
PEREZ, JAMIE, PEOPLE v
I conclude that, “under those circumstances, ‘defendant could have reasonably believed that his freedom was -4- 488 KA 09-01288 restricted over and above that of ordinary confinement’ ” (People v Brown, 49 AD3d 1345, 1346 ; see People v Alls, 83 NY2d 94, 100 , cert denied 511 US 1090 ; People v Hope, 284 AD2d 560, 562 ), and thus the correction officer should have administered Miranda warnings (see Alls, 83 NY2d at 100 ).
discussed
Cited "see"
People v. Perez
I conclude that, “under those circumstances, ‘defendant could have reasonably believed that his freedom was restricted over and above that of ordinary confinement’ ” (People v Brown, 49 AD3d 1345, 1346 [2008]; see People v Alls, 83 NY2d 94, 100 [1993], cert denied 511 US 1090 [1994]; People v Hope, 284 AD2d 560, 562 [2001]), and thus the correction officer should have administered Miranda warnings (see Alls, 83 NY2d at 100 ).
discussed
Cited "see"
People v. Brown
I did it.” We conclude that, under those circumstances, “defendant could have reasonably believed that his freedom was restricted over and above that of ordinary confinement” (People v Hope, 284 AD2d 560, 562 [2001]; see People v Alls, 83 NY2d 94, 100 [1993], cert denied 511 US 1090 [1994]).
discussed
Cited "see"
People v. Russin
Under those circumstances, “defendant could not have reasonably believed that he was subject to a restriction over and above that of ordinary confinement so as to be deemed fin custody’, and, therefore, Miranda warnings were not necessary” (People v Ward, 241 AD2d 767, 769 , lv denied 91 NY2d 837 ; see, People v Alls, 83 NY2d 94, 100 , cert denied 511 US 1090 ).
cited
Cited "see"
United States v. Rollack
See generally United States v. Banks, 10 F.3d 1044, 1054 (4th Cir.1993), cert. denied, 511 U.S. 1090 , 114 S.Ct. 1850 , 128 L.Ed.2d 475 (1994).
discussed
Cited "see"
Abramson v. Florida International University
(2×)
See Armesto v. Weidner, 615 So.2d 707 (Fla. 3d DCA 1992), cause dismissed, 624 So.2d 264 (Fla.1993), and cert. denied, 511 U.S. 1090 , 114 S.Ct. 1849 , 128 L.Ed.2d 474 (1994); Cohen v. School Board of Dade County, 450 So.2d 1238 (Fla. 3d DCA 1984).
Retrieving the full opinion text from the archive…
Snider
v.
California
v.
California
No. 93-8370.
Supreme Court of the United States.
May 16, 1994.
Published
Ct. App. Cal., 6th App. Dist. Certiorari denied.