People v. Ayers, 140 A.D.2d 356 (N.Y. App. Div. 1988). · Go Syfert
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People v. Ayers, 140 A.D.2d 356 (N.Y. App. Div. 1988). Cases Citing This Book View Copy Cite
63 citation events (8 in the last 25 years) across 6 distinct courts.
Strongest positive: People v. Lopez (nycrimct, 2008-02-25)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Lopez
N.Y. City Crim. Ct. · 2008 · confidence medium
This is an objective standard, based upon “what a reasonable man . . . would have thought had he been in the defendant’s position,” not based upon “what the defendant thought.” (See People v Yukl, 25 NY2d 585, 589 [1969] [citations omitted], cert denied 400 US 851 [1970]; see also People v Payne, 41 AD3d 512, 513 [2d Dept 2007]; People v Bailey, 140 AD2d 356, 358 [2d Dept 1988]; People v Newson, 68 AD2d 377, 382 [2d Dept 1979].) The court’s authority to determine when an arrest has occurred is well settled.
discussed Cited as authority (rule) In re Ojore F.
N.Y.C. Fam. Ct. · 1998 · confidence medium
(People v Centano, 76 NY2d 837, 838 [1990]; People v Bailey, 140 AD2d 356, 358 [2d Dept 1988].) Additionally, when dealing with juveniles, special care must be taken to ensure that their rights are protected.
discussed Cited as authority (rule) People v. Hofmann
N.Y. App. Div. · 1997 · confidence medium
The factors to be considered in determining whether an individual is in police custody include: "the amount of time he [or she] spent with the police * * * whether his [or her] freedom of action was restricted in any significant manner by the authorities * * * the location at and the atmosphere under which he [or she] was questioned * * * the degree of cooperation which he [or she] exhibited * * * whether he [or she] was apprised of his [or her] constitutional rights * * * and whether the questioning was investigatory or accusatory in nature” (People v Bailey, supra, at 358 [citations omitte…
discussed Cited "see, e.g." People v. Smedman
N.Y. App. Div. · 1992 · signal: see also · confidence low
It is well settled that the test to determine whether a person is in custody so as to trigger the requirement that Miranda warnings be given is whether a reasonable person, innocent of any crime, would have thought he or she was in custody (see, People v Yukl, 25 NY2d 585 , cert denied 400 US 851 ; see also, People v Bailey, 140 AD2d 356 ; People v Oates, 104 AD2d 907 ).
discussed Cited "see, e.g." People v. Brown
N.Y. App. Div. · 1991 · signal: see also · confidence low
Although the defendant was already a suspect and although the police lieutenant advised the defendant of some of his rights, the circumstances as a whole demonstrate that a reasonable person, innocent of any crime and in the same situation, would not have thought himself or herself to be in custody (see, People v Yukl, 25 NY2d 585 , cert denied 400 US 851 ; see also, People v Bailey, 140 AD2d 356 ; People v Oates, 104 AD2d 907 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Howard Ayers
Appellate Division of the Supreme Court of the State of New York.
May 2, 1988.
140 A.D.2d 356
1988 N.Y. App. Div. LEXIS 4699
Published

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf., People v Gonzalez, 47 NY2d 606). Mollen, P. J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.