evidence at the Huntley hearing (New York) · Go Syfert
← New York issues

evidence at the Huntley hearing in New York

26 New York opinions name it 2 courts 1987–2025 3 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (27)

CaseFollowedCited
People v. Yuklgreen
ny · 1969 · cited in 3 New York opinions naming this issue, 2018–2025
2 sentences

2025The evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required ( see People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see generally Miranda v Arizona , 384 US 436, 467 [1966]; People v Yukl , 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]).

2021We reject that contention inasmuch as "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Clark , 136 AD3d 1367, 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]; see generally People v Yukl , 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]).

33
Wiedenhaupt v. Hogangreen
nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2012–2012
2 sentences

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

33
People v. Ortizgreen
ny · 2012 · cited in 3 New York opinions naming this issue, 2012–2012
2 sentences

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

33
People v. Chapplegreen
ny · 1975 · cited in 3 New York opinions naming this issue, 2015–2015
2 sentences

2015First, the evidence at the Huntley hearing established that there was a “definite, pronounced break in the interrogation” (People v Chapple, 38 NY2d 112, 115 [1975]).

2015First, the evidence at the Huntley hearing established that there was a “definite, pronounced break in the interrogation” (People v Chapple, 38 NY2d 112, 115 [1975]).

23
People v. Butlergreen
nyappdiv · 2009 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013In arguing otherwise, defendant improperly relies on his testimony at trial (see People v McCurty [appeal No. 2], 60 AD3d 1406,1407 [2009], lv denied 12 NY3d 856 [2009]).

2013In arguing otherwise, defendant improperly relies on his testimony at trial (see People v McCurty [appeal No. 2], 60 AD3d 1406,1407 [2009], lv denied 12 NY3d 856 [2009]).

23
People v. Ellisgreen
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013The fact that defendant was told that he failed a polygraph examination did not render the statement involuntary (see People v Ellis, 73 AD3d 1433, 1434 [2010], lv denied 15 NY3d 851 [2010]; People v Melendez, 149 AD2d 918, 918-919 [1989]).

2013The fact that defendant was told that he failed a polygraph examination did not render the statement involuntary (see People v Ellis, 73 AD3d 1433, 1434 [2010], lv denied 15 NY3d 851 [2010]; People v Melendez, 149 AD2d 918, 918-919 [1989]).

23
People v. Smithgreen
nyappdiv · 1989 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013The fact that defendant was told that he failed a polygraph examination did not render the statement involuntary (see People v Ellis, 73 AD3d 1433, 1434 [2010], lv denied 15 NY3d 851 [2010]; People v Melendez, 149 AD2d 918, 918-919 [1989]).

2013The fact that defendant was told that he failed a polygraph examination did not render the statement involuntary (see People v Ellis, 73 AD3d 1433, 1434 [2010], lv denied 15 NY3d 851 [2010]; People v Melendez, 149 AD2d 918, 918-919 [1989]).

23
People v. Cheatomgreen
nyappdiv · 2008 · cited in 3 New York opinions naming this issue, 2012–2012
2 sentences

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

23
Miranda v. Arizonagreen
scotus · 1966 · cited in 2 New York opinions naming this issue, 2018–2025
2 sentences

2025The evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required ( see People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see generally Miranda v Arizona , 384 US 436, 467 [1966]; People v Yukl , 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]).

2018Contrary to the court's conclusion, the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required ( see generally Miranda v Arizona , 384 US 436, 467 [1966]).

22
People v. Lundermangreen
nyappdiv · 2005 · cited in 2 New York opinions naming this issue, 2019–2021
2 sentences

2021Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and according due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 1

2019Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and giving due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 124

22
People v. Roundsgreen
nyappdiv · 2015 · cited in 2 New York opinions naming this issue, 2019–2021
2 sentences

2021Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and according due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 1

2019Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and giving due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 124

22
People v. Clarkgreen
nyappdiv · 2016 · cited in 4 New York opinions naming this issue, 2019–2021
2 sentences

2021We reject that contention inasmuch as "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Clark , 136 AD3d 1367, 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]; see generally People v Yukl , 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]).

2021Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and according due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 1

14
Patterson v. District Court of Oklahomagreen
scotus · 1970 · cited in 3 New York opinions naming this issue, 2018–2025
2 sentences

2025The evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required ( see People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see generally Miranda v Arizona , 384 US 436, 467 [1966]; People v Yukl , 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]).

2021We reject that contention inasmuch as "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Clark , 136 AD3d 1367, 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]; see generally People v Yukl , 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]).

13
People v. Scottgreen
nyappdiv · 2001 · cited in 2 New York opinions naming this issue, 2004–2006
2 sentences

2006“Although we agree with defendant that the court erred in determining that he was not in custody when he gave his second statement, we conclude that the evidence at the Huntley hearing supports the court’s determination that defendant was advised of his Miranda rights, that he waived those rights and that his statement was voluntary” (People v Cunningham, 13 AD3d 1118 , 1119 [2004], lv denied 4 NY3d 829 [2005], citing People v Scott, 288 AD2d 846, 847 [2001], lv denied 97 NY2d 761 [2002]).

2004Although we agree with defendant that the court erred in determining that he was not in custody when he gave his second statement, we conclude that the evidence at the Huntley hearing supports the court’s determination that defendant was advised of his Miranda rights, that he waived those rights and that his statement was voluntary (see Scott, 288 AD2d at 847 ).

12
People v. Restogreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Contrary to defendant's further contention in his original brief, we conclude that the court did not abuse its discretion in denying his request for an adjournment to afford defense counsel additional time to prepare for trial ( see People v Benton , 167 AD3d 1522 , 1522 [4th Dept 2018], lv denied 33 NY3d 946 [2019]; People v Resto , 147 AD3d 1331, 1332 [4th Dept 2017], lv denied 29 NY3d 1000 [2017], reconsideration denied 29 NY3d 1094 [2017]).

11
People v. Fiorettigreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021"The suppression court's credibility determinations and choice between conflicting inferences to be drawn from the proof are granted deference and will not be disturbed unless unsupported by the record" ( People v Hale , 130 AD3d 1540 , 1541 [4th Dept 2015], lv denied 26 NY3d 1088 [2015], reconsideration denied 27 NY3d 998 [2016] [internal quotation marks omitted]) and, here, we conclude that there is no basis to disturb the court's determination to credit the testimony of the officer over defendant's testimony ( see People v [*2]Fioretti , 155 AD3d 1662, 1664 [4th Dept 2017], lv denied 30 NY3

11
People v. Stronggreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Giving due deference to the court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that the evidence at the Huntley hearing establishes that defendant was not in custody when he requested counsel ( see generally People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; People v Strong , 27 AD3d 1010, 1012 [3d Dept 2006], lv denied 7 NY3d 763 [2006]).

11
People v. Cordatogreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2019–2019
11
People v. Mooregreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019The evidence at the Huntley hearing, as credited by the court ( see People v Prochilo , 41 NY2d 759 , 761 [1977]; People v Moore , 295 AD2d 969, 969 [4th Dept 2002], lv denied 98 NY2d 770 [2002]), established that a police sergeant initially observed defendant's failure to stop his vehicle at a stop sign.

11
People v. Kelleygreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2018–2018
11
People v. Leegreen
nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2006–2006
11
People v. Tarsiagreen
ny · 1980 · cited in 1 New York opinions naming this issue, 2006–2006
11
People v. Ripicgreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2005–2005
11
People v. Colemangreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2004–2004
11
People v. Parkergreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2004–2004
11
People v. Bleakleygreen
ny · 1987 · cited in 1 New York opinions naming this issue, 2004–2004
11
People v. Settlesgreen
ny · 1978 · cited in 1 New York opinions naming this issue, 1987–1987
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (35)

CaseCitedYears
People v. Molloy green
ny · 2009
2 sentences

2013In arguing otherwise, defendant improperly relies on his testimony at trial (see People v McCurty [appeal No. 2], 60 AD3d 1406,1407 [2009], lv denied 12 NY3d 856 [2009]).

2013In arguing otherwise, defendant improperly relies on his testimony at trial (see People v McCurty [appeal No. 2], 60 AD3d 1406,1407 [2009], lv denied 12 NY3d 856 [2009]).

32013–2013
People v. Mateo green
ny · 2004
2 sentences

2013Here, the evidence at the Huntley hearing, including the videotaped interrogations, establishes that defendant’s statement was voluntarily made and that coercive police activity did not occur (see Mateo, 2 NY3d at 414 ).

2013Here, the evidence at the Huntley hearing, including the videotaped interrogations, establishes that defendant’s statement was voluntarily made and that coercive police activity did not occur (see Mateo, 2 NY3d at 414 ).

32013–2013
People v. CULBERO green
ny · 2009
2 sentences

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

2012The evidence at the Huntley hearing “supports the court’s determination that defendant spontaneously made that statement [inasmuch as] it was not the product of express questioning or its functional equivalent” (People v Cheatom, 57 AD3d 1447, 1447 [2008], lv denied 12 NY3d 782 [2009] [internal quotation marks omitted]; see People v Moss, 89 AD3d 1526 , 1527 [2011], lv denied 18 NY3d 885 [2012]).

32012–2012
People v. McNeil green
ny · 2005
2 sentences

2021Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and according due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 1

2019Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and giving due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 124

22019–2021
People v. GARZONE green
ny · 2010
2 sentences

2013The fact that defendant was told that he failed a polygraph examination did not render the statement involuntary (see People v Ellis, 73 AD3d 1433, 1434 [2010], lv denied 15 NY3d 851 [2010]; People v Melendez, 149 AD2d 918, 918-919 [1989]).

2013The fact that defendant was told that he failed a polygraph examination did not render the statement involuntary (see People v Ellis, 73 AD3d 1433, 1434 [2010], lv denied 15 NY3d 851 [2010]; People v Melendez, 149 AD2d 918, 918-919 [1989]).

22013–2013
People v. Nahshal green
ny · 2017
1 sentence

2025Contrary to defendant's further contention in his original brief, we conclude that the court did not abuse its discretion in denying his request for an adjournment to afford defense counsel additional time to prepare for trial ( see People v Benton , 167 AD3d 1522 , 1522 [4th Dept 2018], lv denied 33 NY3d 946 [2019]; People v Resto , 147 AD3d 1331, 1332 [4th Dept 2017], lv denied 29 NY3d 1000 [2017], reconsideration denied 29 NY3d 1094 [2017]).

12025–2025
People v. Oliveri green
ny · 2017
1 sentence

2025Contrary to defendant's further contention in his original brief, we conclude that the court did not abuse its discretion in denying his request for an adjournment to afford defense counsel additional time to prepare for trial ( see People v Benton , 167 AD3d 1522 , 1522 [4th Dept 2018], lv denied 33 NY3d 946 [2019]; People v Resto , 147 AD3d 1331, 1332 [4th Dept 2017], lv denied 29 NY3d 1000 [2017], reconsideration denied 29 NY3d 1094 [2017]).

12025–2025
People v. Witherspoon green
nyappdiv · 2009
1 sentence

2021"The suppression court's credibility determinations and choice between conflicting inferences to be drawn from the proof are granted deference and will not be disturbed unless unsupported by the record" ( People v Hale , 130 AD3d 1540 , 1541 [4th Dept 2015], lv denied 26 NY3d 1088 [2015], reconsideration denied 27 NY3d 998 [2016] [internal quotation marks omitted]) and, here, we conclude that there is no basis to disturb the court's determination to credit the testimony of the officer over defendant's testimony ( see People v [*2]Fioretti , 155 AD3d 1662, 1664 [4th Dept 2017], lv denied 30 NY3

12021–2021
People v. Velasquez green
ny · 2010
1 sentence

2021"The suppression court's credibility determinations and choice between conflicting inferences to be drawn from the proof are granted deference and will not be disturbed unless unsupported by the record" ( People v Hale , 130 AD3d 1540 , 1541 [4th Dept 2015], lv denied 26 NY3d 1088 [2015], reconsideration denied 27 NY3d 998 [2016] [internal quotation marks omitted]) and, here, we conclude that there is no basis to disturb the court's determination to credit the testimony of the officer over defendant's testimony ( see People v [*2]Fioretti , 155 AD3d 1662, 1664 [4th Dept 2017], lv denied 30 NY3

12021–2021
People v. Hale green
nyappdiv · 2015
1 sentence

2021"The suppression court's credibility determinations and choice between conflicting inferences to be drawn from the proof are granted deference and will not be disturbed unless unsupported by the record" ( People v Hale , 130 AD3d 1540 , 1541 [4th Dept 2015], lv denied 26 NY3d 1088 [2015], reconsideration denied 27 NY3d 998 [2016] [internal quotation marks omitted]) and, here, we conclude that there is no basis to disturb the court's determination to credit the testimony of the officer over defendant's testimony ( see People v [*2]Fioretti , 155 AD3d 1662, 1664 [4th Dept 2017], lv denied 30 NY3

12021–2021
People v. Ferrer green
nycterr · 2018
1 sentence

2021"The suppression court's credibility determinations and choice between conflicting inferences to be drawn from the proof are granted deference and will not be disturbed unless unsupported by the record" ( People v Hale , 130 AD3d 1540 , 1541 [4th Dept 2015], lv denied 26 NY3d 1088 [2015], reconsideration denied 27 NY3d 998 [2016] [internal quotation marks omitted]) and, here, we conclude that there is no basis to disturb the court's determination to credit the testimony of the officer over defendant's testimony ( see People v [*2]Fioretti , 155 AD3d 1662, 1664 [4th Dept 2017], lv denied 30 NY3

12021–2021
People v. DELAROSA green
ny · 2011
1 sentence

2019Specifically, the evidence establishes, inter alia, that defendant was told at the start of the interview that he was not under arrest and would be going home that day ( see Bell-Scott , 162 AD3d at 1559; People v Cordato , 85 AD3d 1304, 1309 [3d Dept 2011], lv denied 17 NY3d 815 [2011]), and the recording of the interview belies defendant's contention that he was in handcuffs when he was placed in the interview room.

12019–2019
People v. West green
ny · 1993
12008–2008
People v. Hobson green
ny · 1976
12008–2008
People v. Marrero green
ny · 1980
12008–2008
People v. DaCOSTA green
ny · 2005
12006–2006
People v. Cunningham green
nyappdiv · 2004
12006–2006
People v. Charles green
ny · 2004
12004–2004
People v. Lights green
nyappdiv · 1986
12004–2004
People v. Everett green
nyappdiv · 1996
12004–2004
People v. Horne green
nyappdiv · 2003
12004–2004
People v. Sampson green
nyappdiv · 2001
12004–2004
People v. Taylor green
nyappdiv · 2003
12004–2004
People v. Vallejos neutral
nyappdiv · 1986
12002–2002
People v. Allnutt green
nyappdiv · 1989
11997–1997
Wittenberg Distributors, Inc. v. Kuhns Brothers & Laidlaw, Inc. neutral
nyappdiv · 1989
11997–1997
Green v. United States green
scotus · 1995
11997–1997
People v. Huffman green
ny · 1984
11997–1997
People v. Dabney green
nyappdiv · 1980
11994–1994
People v. Hauswirth green
nyappdiv · 1982
11994–1994
People v. Sease neutral
nyappdiv · 1989
11994–1994
People v. Hauswirth green
ny · 1983
11994–1994
People v. Rivers green
ny · 1982
11994–1994
People v. Geoghegan green
ny · 1980
11987–1987
People v. Thomas green
ny · 1986
11987–1987

Statutes the citing opinions construe

NY § N.Y. Penal Law § 110.00 (7) NY § N.Y. Penal Law § 125.25 (3) NY § N.Y. Penal Law § 125.27 (3) NY § N.Y. Penal Law § 70.35 (3) NY § N.Y. Penal Law § 70.45 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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