People v. Hamelinck, 222 A.D.2d 1024 (N.Y. App. Div. 1995). · Go Syfert
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People v. Hamelinck, 222 A.D.2d 1024 (N.Y. App. Div. 1995). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2008 · …did not create 'a substantial risk that the defendant might falsely incriminate himself ✓
11 citation events (5 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" People v. Johnson
N.Y. App. Div. · 1997 · signal: see · confidence high
The promise by the District Attorney that he would not ask the court to sentence defendant as a persistent felony offender did not create “a substantial risk that the defendant might falsely incriminate himself’ (CPL 60.45 [2] [b] [i]; see, People v Hamelinck, 222 AD2d 1024 , lv denied 87 NY2d 921 ; People v Engert, 202 AD2d 1023, 1024 , lv denied 83 NY2d 910 ).
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The People of the State of New York
v.
David Hamelinck
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 1995.
222 A.D.2d 1024
Cited by 2 opinions  |  Published

—Judgment unanimously affirmed. Memorandum: County Court properly denied the motion to suppress defendant’s statements to the police. The officer’s assurance that defendant would be permitted to go home after giving his statement did not create "a substantial risk that the defendant might falsely incriminate himself’ (CPL 60.45 [2] [b] [i]; see, People v Richardson, 202 AD2d 958, 959, lv denied 83 NY2d 914). The unsworn testimony of the victim provided sufficient corroboration of defendant’s admissions to support the conviction (see, CPL 60.50; People v Knights, 131 AD2d 924, 925-926, lv denied 70 NY2d 713; People v Philipp, 106 AD2d 681, 682). The court properly excluded ev[*1025] idence of the results of defendant’s polygraph examination (see, People v Shedrick, 66 NY2d 1015, 1018, rearg denied 67 NY2d 758). (Appeal from Judgment of Wayne County Court, Strobridge, J. — Sexual Abuse, 1st Degree.) Present — Green, J. P., Pine, Wesley, Balio and Boehm, JJ.