People v. Roucchio, 417 N.E.2d 1000 (NY 1980). · Go Syfert
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People v. Roucchio, 417 N.E.2d 1000 (NY 1980). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: People v. Washington (nyappdiv, 1981-11-13)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." People v. Washington
N.Y. App. Div. · 1981 · signal: see also · confidence low
The test of spontaneity under these circumstances is not whether the police officer’s intention was to elicit an inculpatory response, but whether, when viewed objectively, the statement “can be said to have been triggered by police conduct which should reasonably have been anticipated to evoke a declaration” (People v Lynes, 49 NY2d 286, 295 ; see, also, People v Roucchio, 70 AD2d 322, 325 , affd 52 NY2d 759 ; People v Howard, 62 AD2d 179 , affd 47 NY2d 988 ).
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The People of the State of New York
v.
Ronald Roucchio
New York Court of Appeals.
Dec 18, 1980.
417 N.E.2d 1000
APPEARANCES OF COUNSEL, Irving Anolik for appellant., Robert M. Morgenthau, District Attorney (Bruce Allen and Robert M. Pitler of counsel), for respondent.
Cited by 3 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division agreed with the suppression court that defendant’s inculpatory statement was spontaneously made. On this record, it cannot be said as a matter of law that the statement was not a spontaneous outburst, unprompted by police conduct. Accordingly,, suppression was not required (cf. People v Rogers, 48 NY2d 167, 174; People v Maerling, 46 NY2d 289, 301-302; see, also, People v Lynes, 49 NY2d 286, 294; People v Kaye, 25 NY2d 139). We have considered defendant’s other points and find no reversible error.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.