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7 New York opinions name it 1 courts 1985–2010 0 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. Starksgreen1 sentence2010On the merits, the testimony at the Huntley hearing established that after being apprehended by a city police sergeant, defendant was handcuffed and taken by police car to the crime scene, although not advised of his Miranda rights, and made certain spontaneous oral statements en route that were properly ruled admissible (see People v Starks, 37 AD3d 863, 864-865 [2007]), but which the People opted not to introduce at trial. | 1 | 1 |
People v. Ferrogreen1 sentence2010Defendant’s subsequent statements regarding blood on his clothing, made in response to the police sergeant’s questions designed to elicit a response, were suppressed (see People v Ferro, 63 NY2d 316, 322 [1984], cert denied 472 US 1007 [1985]), and are not in issue. | 1 | 1 |
People v. Burnsgreen1 sentence2004The testimony at the Huntley hearing fully supports the court’s determination that defendant received and comprehended repeated Miranda warnings and voluntarily waived his rights, agreed to speak with an investigator and provided oral and written statements which were shown to be voluntary beyond a reasonable doubt (see People v Marx, 305 AD2d 726, 727-728 [2003], lv denied 100 NY2d 596 [2003]; People v Burns, 281 AD2d 704, 704-705 [2001], lvs denied 96 NY2d 826 , 831 [2001]). | 1 | 1 |
People v. Marxgreen1 sentence2004The testimony at the Huntley hearing fully supports the court’s determination that defendant received and comprehended repeated Miranda warnings and voluntarily waived his rights, agreed to speak with an investigator and provided oral and written statements which were shown to be voluntary beyond a reasonable doubt (see People v Marx, 305 AD2d 726, 727-728 [2003], lv denied 100 NY2d 596 [2003]; People v Burns, 281 AD2d 704, 704-705 [2001], lvs denied 96 NY2d 826 , 831 [2001]). | 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 |
|---|---|---|
Mourad v. United States
green
1 sentence2010Defendant’s subsequent statements regarding blood on his clothing, made in response to the police sergeant’s questions designed to elicit a response, were suppressed (see People v Ferro, 63 NY2d 316, 322 [1984], cert denied 472 US 1007 [1985]), and are not in issue. | 1 | 2010–2010 |
People v. Lamanda
green
1 sentence1997As this constituted a violation of Vehicle and Traffic Law § 375 (2) (a) (1), Kennedy was authorized to stop defendant’s vehicle (see, People v Schroeder, 229 AD2d 917 ; People v Lamanda, 205 AD2d 934, 935 , lv denied 84 NY2d 828 ). | 1 | 1997–1997 |
People v. Schroeder
neutral
1 sentence1997As this constituted a violation of Vehicle and Traffic Law § 375 (2) (a) (1), Kennedy was authorized to stop defendant’s vehicle (see, People v Schroeder, 229 AD2d 917 ; People v Lamanda, 205 AD2d 934, 935 , lv denied 84 NY2d 828 ). | 1 | 1997–1997 |
People v. Zerbst
green
1 sentence1993The testimony at the Huntley hearing was conflicting and the ensuing credibility question was resolved in favor of Peluso and against defendant (see, People v Zerbst, 147 AD2d 844, 845 , affd 74 NY2d 888 ). | 1 | 1993–1993 |
People v. Allnutt
green
1 sentence1993The testimony at the Huntley hearing supports the court’s conclusion that the statement was spontaneous and not the product of police interrogation or its equivalent (see, People v Huffman, 61 NY2d 795 ; People v Strickland, 151 AD2d 978, 979 , lv denied 74 NY2d 819 ; People v Allnut, 148 AD2d 993 , lv denied 74 NY2d 736 ). | 1 | 1993–1993 |
Wittenberg Distributors, Inc. v. Kuhns Brothers & Laidlaw, Inc.
neutral
1 sentence1993The testimony at the Huntley hearing supports the court’s conclusion that the statement was spontaneous and not the product of police interrogation or its equivalent (see, People v Huffman, 61 NY2d 795 ; People v Strickland, 151 AD2d 978, 979 , lv denied 74 NY2d 819 ; People v Allnut, 148 AD2d 993 , lv denied 74 NY2d 736 ). | 1 | 1993–1993 |
People v. Duffy
neutral
1 sentence1993County Court could conclude from the evidence presented, including defendant’s testimony, that defendant was not intoxicated to such a degree that he did not knowingly and voluntarily waive his rights (see, People v Merrick, 188 AD2d 764 ; People v Duffy, 185 AD2d 371, 372 , lv denied 80 NY2d 929 ). | 1 | 1993–1993 |
People v. Merrick
green
1 sentence1993County Court could conclude from the evidence presented, including defendant’s testimony, that defendant was not intoxicated to such a degree that he did not knowingly and voluntarily waive his rights (see, People v Merrick, 188 AD2d 764 ; People v Duffy, 185 AD2d 371, 372 , lv denied 80 NY2d 929 ). | 1 | 1993–1993 |
People v. Huffman
green
1 sentence1993The testimony at the Huntley hearing supports the court’s conclusion that the statement was spontaneous and not the product of police interrogation or its equivalent (see, People v Huffman, 61 NY2d 795 ; People v Strickland, 151 AD2d 978, 979 , lv denied 74 NY2d 819 ; People v Allnut, 148 AD2d 993 , lv denied 74 NY2d 736 ). | 1 | 1993–1993 |
People v. Zerbst
neutral
1 sentence1993The testimony at the Huntley hearing was conflicting and the ensuing credibility question was resolved in favor of Peluso and against defendant (see, People v Zerbst, 147 AD2d 844, 845 , affd 74 NY2d 888 ). | 1 | 1993–1993 |
People v. Lynes
green
1 sentence1989The testimony at the Huntley hearing supports the conclusion that the statement was spontaneous and not the product of police questioning or its equivalent (People v Rivers, 56 NY2d 476, 479 , rearg denied 57 NY2d 775 ; People v Lynes, 49 NY2d 286, 293-295 ). | 1 | 1989–1989 |
People v. Rivers
green
1 sentence1989The testimony at the Huntley hearing supports the conclusion that the statement was spontaneous and not the product of police questioning or its equivalent (People v Rivers, 56 NY2d 476, 479 , rearg denied 57 NY2d 775 ; People v Lynes, 49 NY2d 286, 293-295 ). | 1 | 1989–1989 |
People v. Jerome
green
1 sentence1985The testimony at the Huntley hearing overwhelmingly established that defendant was fully informed of his Miranda rights, that he acknowledged and understood them, and that he made a knowing and voluntary waiver of them (see, People v Jerome, 111 AD2d 874 ). | 1 | 1985–1985 |