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20 New York opinions name it 4 courts 1986–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
People v. Zadorozhnyigreen2 sentences2014The record indicates that defendant “had a sufficient command of the English language to appreciate the import of the Miranda warnings” (People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; see People v Madrid, 52 AD3d 530, 531 [2008]; People v Mora, 36 AD3d 1142, 1143 [2007]; People v Zuluaga, 148 AD2d 480, 481 [1989]; People v Tineo, 144 AD2d 507 [1988]). 2013Moreover, the record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) given to him (see People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). | 6 | 7 |
People v. Madridgreen2 sentences2014The record indicates that defendant “had a sufficient command of the English language to appreciate the import of the Miranda warnings” (People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; see People v Madrid, 52 AD3d 530, 531 [2008]; People v Mora, 36 AD3d 1142, 1143 [2007]; People v Zuluaga, 148 AD2d 480, 481 [1989]; People v Tineo, 144 AD2d 507 [1988]). 2013Moreover, the record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) given to him (see People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). | 5 | 6 |
People v. Younggreen2 sentences2013To the contrary, having reviewed the record of the Huntley hearing, we conclude that “defendant understood the Miranda warnings and, with such understanding, freely chose to answer the questions asked by the police” (People v Benton, 158 AD2d 987, 987 [1990], lv denied 75 NY2d 963 [1990]; see People v Young, 303 AD2d 952, 952 [2003]). 2013To the contrary, having reviewed the record of the Huntley hearing, we conclude that “defendant understood the Miranda warnings and, with such understanding, freely chose to answer the questions asked by the police” (People v Benton, 158 AD2d 987, 987 [1990], lv denied 75 NY2d 963 [1990]; see People v Young, 303 AD2d 952, 952 [2003]). | 3 | 3 |
People v. Bentongreen2 sentences2013To the contrary, having reviewed the record of the Huntley hearing, we conclude that “defendant understood the Miranda warnings and, with such understanding, freely chose to answer the questions asked by the police” (People v Benton, 158 AD2d 987, 987 [1990], lv denied 75 NY2d 963 [1990]; see People v Young, 303 AD2d 952, 952 [2003]). 2013To the contrary, having reviewed the record of the Huntley hearing, we conclude that “defendant understood the Miranda warnings and, with such understanding, freely chose to answer the questions asked by the police” (People v Benton, 158 AD2d 987, 987 [1990], lv denied 75 NY2d 963 [1990]; see People v Young, 303 AD2d 952, 952 [2003]). | 2 | 3 |
People v. Duuvongreen2 sentences2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). 2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). | 2 | 2 |
People v. Jin Cheng Lingreen2 sentences2013The record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) he received before making a statement to the police (see People v Jin Cheng Lin, 105 AD3d 761, 762 [2013]; People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). 2013The record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) he received before making a statement to the police (see People v Jin Cheng Lin, 105 AD3d 761, 762 [2013]; People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). | 2 | 2 |
People v. Williamsgreen2 sentences2008Turning to the Huntley issue, the determination as to whether a defendant has made a knowing, voluntary and intelligent waiver of his rights is “essentially a factual issue that must be determined according to the circumstances of each case.” (People v Williams, 62 NY2d 285, 288 [1984].) A defendant with limited command of the English language must have sufficient understanding to appreciate the import of the Miranda warnings in order to effect a valid waiver of his rights. 1989To constitute an effective waiver, it is not necessary that a defendant comprehend the import of the Miranda warnings in the abstract, so long as he is able to understand the immediate meaning of the warnings (see, People v Williams, 62 NY2d 285 ; People v Acuna, 145 AD2d 427 ). | 1 | 6 |
People v. Zuluagagreen1 sentence2014The record indicates that defendant “had a sufficient command of the English language to appreciate the import of the Miranda warnings” (People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; see People v Madrid, 52 AD3d 530, 531 [2008]; People v Mora, 36 AD3d 1142, 1143 [2007]; People v Zuluaga, 148 AD2d 480, 481 [1989]; People v Tineo, 144 AD2d 507 [1988]). | 1 | 1 |
People v. Moragreen1 sentence2014The record indicates that defendant “had a sufficient command of the English language to appreciate the import of the Miranda warnings” (People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; see People v Madrid, 52 AD3d 530, 531 [2008]; People v Mora, 36 AD3d 1142, 1143 [2007]; People v Zuluaga, 148 AD2d 480, 481 [1989]; People v Tineo, 144 AD2d 507 [1988]). | 1 | 1 |
People v. Ortizgreen1 sentence2007We find no basis to disturb County Court’s finding that defendant understood English and thus appreciated the import of the Miranda warnings (see People v Zadorozhnyi, 267 AD2d 263 , 264 [1999], lv denied 94 NY2d 954 [2000]; People v Ortiz, 259 AD2d 979, 980-981 [1999], lv denied 93 NY2d 1024 [1999]; People v Padilla, 150 AD2d 393, 393-394 [1989]). | 1 | 1 |
People v. Padillagreen1 sentence2007We find no basis to disturb County Court’s finding that defendant understood English and thus appreciated the import of the Miranda warnings (see People v Zadorozhnyi, 267 AD2d 263 , 264 [1999], lv denied 94 NY2d 954 [2000]; People v Ortiz, 259 AD2d 979, 980-981 [1999], lv denied 93 NY2d 1024 [1999]; People v Padilla, 150 AD2d 393, 393-394 [1989]). | 1 | 1 |
People v. Villeneuvegreen1 sentence2007Defendant came in contact with three separate State Troopers on the day of his arrest who each testified that defendant had no difficulty understanding or speaking English (see People v Villeneuve, 232 AD2d 892, 893-894 [1996]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Alexandre
green
2 sentences2013Moreover, the record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) given to him (see People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). 2013Moreover, the record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) given to him (see People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). | 7 | 1999–2013 |
Miranda v. Arizona
green
2 sentences2013Moreover, the record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) given to him (see People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). 2013Moreover, the record supports the hearing court’s finding that the defendant understood the import of the Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) given to him (see People v Madrid, 52 AD3d 530, 531 [2008]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). | 5 | 1988–2013 |
People v. Acuna
green
2 sentences1999The record fully supports the court’s finding that the defendant had a sufficient command of the English language to appreciate the import of the Miranda warnings (see, People v Alexandre, 215 AD2d 488 ; People v Eismann, 158 AD2d 537 ; People v Acuna, 145 AD2d 427, 430 ; People v Tineo, 144 AD2d 507 ). 1995We disagree. " 'To constitute an effective waiver, it is not necessary that a defendant comprehend the import of the Miranda warnings in the abstract, so long as he is able to understand the immediate meaning of the warnings’ ” (People v Acuna, 145 AD2d 427, 430 ). | 3 | 1989–1999 |
People v. Tineo
green
2 sentences2014The record indicates that defendant “had a sufficient command of the English language to appreciate the import of the Miranda warnings” (People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; see People v Madrid, 52 AD3d 530, 531 [2008]; People v Mora, 36 AD3d 1142, 1143 [2007]; People v Zuluaga, 148 AD2d 480, 481 [1989]; People v Tineo, 144 AD2d 507 [1988]). 1999The record fully supports the court’s finding that the defendant had a sufficient command of the English language to appreciate the import of the Miranda warnings (see, People v Alexandre, 215 AD2d 488 ; People v Eismann, 158 AD2d 537 ; People v Acuna, 145 AD2d 427, 430 ; People v Tineo, 144 AD2d 507 ). | 2 | 1999–2014 |
People v. Hicks
green
2 sentences2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). 2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). | 2 | 2013–2013 |
People v. Julien
green
2 sentences2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). 2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). | 2 | 2013–2013 |
People v. Grassia
neutral
2 sentences2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). 2013Moreover, as this Court previously concluded on the appeal of the codefendant (see People v Julien, 100 AD3d at 927 ), the Supreme Court properly admitted testimony regarding the showup identification made by the victim near the scene of the crime (see People v Duuvon, 77 NY2d 541, 543 [1991]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). | 2 | 2013–2013 |
People v. Dorsey
neutral
2 sentences1988"To constitute an effective waiver, it is not necessary that a defendant comprehend the import of the Miranda warnings in the abstract, so long as he is able to understand the immediate meaning of the warnings” (People v Avilez, 121 AD2d 391, 392 , citing People v Williams, 62 NY2d 285 ; People v Dorsey, 118 AD2d 653 , lv denied 67 NY2d 1052 ). 1986To constitute an effective waiver, it is not necessary that a defendant comprehend the import of the Miranda warnings in the abstract, so long as he is able to understand the immediate meaning of the warnings (see, People v Williams, 62 NY2d 285, 287 ; People v Dorsey, 118 AD2d 653 ). | 2 | 1986–1988 |
People v. Mateo
green
1 sentence2024Specifically, the detective's pre-warning statements that the Miranda warnings did not "mean anything" and were "just part of the process," viewed in conjunction with the defendant's unresolved confusion as to whether he could answer the detectives' questions, does not demonstrate that the defendant had a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it ( see People v Dunbar , 104 AD3d at 206 ; cf. People v Rodriguez-Rivera , 203 AD3d 1624 ; People v Mateo , 194 AD3d 1342 ). | 1 | 2024–2024 |
People v. Rodriguez-Rivera
green
1 sentence2024Specifically, the detective's pre-warning statements that the Miranda warnings did not "mean anything" and were "just part of the process," viewed in conjunction with the defendant's unresolved confusion as to whether he could answer the detectives' questions, does not demonstrate that the defendant had a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it ( see People v Dunbar , 104 AD3d at 206 ; cf. People v Rodriguez-Rivera , 203 AD3d 1624 ; People v Mateo , 194 AD3d 1342 ). | 1 | 2024–2024 |
People v. Dunbar
green
1 sentence2024Specifically, the detective's pre-warning statements that the Miranda warnings did not "mean anything" and were "just part of the process," viewed in conjunction with the defendant's unresolved confusion as to whether he could answer the detectives' questions, does not demonstrate that the defendant had a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it ( see People v Dunbar , 104 AD3d at 206 ; cf. People v Rodriguez-Rivera , 203 AD3d 1624 ; People v Mateo , 194 AD3d 1342 ). | 1 | 2024–2024 |
People v. Chu
green
1 sentence2008The record supports the court’s finding that the defendant had a sufficient command of the English language to appreciate the import of the Miranda warnings prior to both of his statements (see People v Tin P. Chu, 8 AD3d 399 [2004]; People v Zadorozhnyi, 267 AD2d 263, 264 [1999]; People v Alexandre, 215 AD2d 488 [1995]). | 1 | 2008–2008 |
People v. Rogers
green
2 sentences1999While a second psychologist, Jeffrey Fox, expressed a contrary opinion, deference is generally paid to County Court’s resolution of conflicts in expert testimony (see, People v Rogers [Rodgers], 247 AD2d 765, 766 , lvs denied 91 NY2d 976 , 977; People v King, 234 AD2d 923, 924 , lv denied 89 NY2d 1012 ). 1999While a second psychologist, Jeffrey Fox, expressed a contrary opinion, deference is generally paid to County Court’s resolution of conflicts in expert testimony (see, People v Rogers [Rodgers], 247 AD2d 765, 766 , lvs denied 91 NY2d 976 , 977; People v King, 234 AD2d 923, 924 , lv denied 89 NY2d 1012 ). | 1 | 1999–1999 |
People v. Eismann
green
1 sentence1999The record fully supports the court’s finding that the defendant had a sufficient command of the English language to appreciate the import of the Miranda warnings (see, People v Alexandre, 215 AD2d 488 ; People v Eismann, 158 AD2d 537 ; People v Acuna, 145 AD2d 427, 430 ; People v Tineo, 144 AD2d 507 ). | 1 | 1999–1999 |
People v. King
green
1 sentence1999While a second psychologist, Jeffrey Fox, expressed a contrary opinion, deference is generally paid to County Court’s resolution of conflicts in expert testimony (see, People v Rogers [Rodgers], 247 AD2d 765, 766 , lvs denied 91 NY2d 976 , 977; People v King, 234 AD2d 923, 924 , lv denied 89 NY2d 1012 ). | 1 | 1999–1999 |
People v. Mendoza
neutral
1 sentence1999The hearing court properly considered the testimony of the People’s rebuttal witnesses regarding the language used by the defendant to communicate with them at a correctional facility, in light of the defendant’s hearing testimony that he was unable to communicate in English (see, People v Mendoza, 240 AD2d 316 ). | 1 | 1999–1999 |
People v. Williams
green
1 sentence1998(People v Williams, supra, at 290 .) In another case, People v Williams ( 174 AD2d 969 [4th Dept 1991], lv denied 78 NY2d 1015 [1991]), the Court stated the long-accepted formula, “ ‘[w]hether the defendant knowingly and intelligently waived his rights is a factual question to be determined by the totality of the circumstances, which includes the defendant’s limited mental capacity as but one factor’ ” (citations omitted). | 1 | 1998–1998 |
People v. Delgado
green
1 sentence1989There exists no mandated language for the police to use in order to elicit a waiver (see, People v Delgado, 118 AD2d 580 ). | 1 | 1989–1989 |
| People v. Avilez neutral | 1 | 1988–1988 |
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.