People v. Tremblay, 77 A.D.2d 807 (N.Y. App. Div. 1980). · Go Syfert
People v. Tremblay, 77 A.D.2d 807 (N.Y. App. Div. 1980). Cases Citing This Book View Copy Cite
13 citation events (6 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2013 · confidence medium
In any event, “ ‘[t]he voluntariness of a consent to search is not vitiated, per se, by the failure to give Miranda warnings to an accused while subject to custodial interrogation’ ” (People v McCray, 96 AD3d 1480 , 1481 [2012], lv denied 19 NY3d 1104 [2012], quoting People v Tremblay, 77 AD2d 807, 807 [1980]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2013 · confidence medium
In any event, “ ‘[t]he voluntariness of a consent to search is not vitiated, per se, by the failure to give Miranda warnings to an accused while subject to custodial interrogation’ ” (People v McCray, 96 AD3d 1480 , 1481 [2012], lv denied 19 NY3d 1104 [2012], quoting People v Tremblay, 77 AD2d 807, 807 [1980]).
discussed Cited as authority (rule) People v. McCray
N.Y. App. Div. · 2012 · confidence medium
The fact that defendant was in custody does not require suppression (see generally People v Edwards, 46 AD3d 698 , 699 [2007], lv denied 10 NY3d 764 [2008]), and “[t]he voluntariness of a consent to search is not vitiated, per se, by the failure to give Miranda warnings to an accused while subject to custodial interrogation” (People v Tremblay, 77 AD2d 807, 807 [1980]).
discussed Cited as authority (rule) People v. McCray
N.Y. App. Div. · 2012 · confidence medium
The fact that defendant was in custody does not require suppression (see generally People v Edwards, 46 AD3d 698 , 699 [2007], lv denied 10 NY3d 764 [2008]), and “[t]he voluntariness of a consent to search is not vitiated, per se, by the failure to give Miranda warnings to an accused while subject to custodial interrogation” (People v Tremblay, 77 AD2d 807, 807 [1980]).
discussed Cited as authority (rule) People v. Oxley
N.Y. App. Div. · 2009 · confidence medium
Even if his statement was construed as a request for counsel, such request would not have invalidated the prior consent to search his house (compare People v Esposito, 68 NY2d 961, 962 [1986]; People v Loomis, 255 AD2d 916 , 917 [1998], lv denied 92 NY2d 1051 [1999]; People v Tremblay, 77 AD2d 807, 807-808 [1980]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Dennis Tremblay
Appellate Division of the Supreme Court of the State of New York.
Jul 10, 1980.
77 A.D.2d 807
Cited by 11 opinions  |  Published

Judgment unanimously affirmed. Memorandum: The voluntariness of a consent to search is not vitiated, per se, by the failure to give Miranda warnings to an accused while subject to custodial interrogation. There is no requirement that specific Fourth Amendment warnings be given to a suspect in custody (United States v Watson, 423 US 411, 424-425). Miranda warnings involve only. Fifth and Sixth Amendment rights and are[*808] not designed to warn an accused of his Fourth Amendment rights. In reviewing the validity of an apparent consent to search, courts need only determine whether consent was voluntarily given under the circumstances (Schneckloth v Bustamonte, 412 US 218; People v Gonzalez, 39 NY2d 122). Our decision herein is consistent with People v Johnson (48 NY2d 5, 65). There, the court focused on protecting the accused’s Sixth Amendment right to counsel and invalidated defendant’s consent to search obtained in the absence of counsel after the defendant had requested the assistance of counsel. Because defendant made no objection to the alleged Sandstrom error in the court’s charge, in the exercise of our discretion we do not review it (see People v Thomas, 50 NY2d 467). We have reviewed defendant’s other claims of error and deem them to be meritless. (Appeal from judgment of Erie Supreme Court—murder, second degree.) Present—Simons, J. P., Hancock, Jr., Schnepp, Doerr and Witmer, JJ.