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7 New York opinions name it 1 courts 1991–2015 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. Saundersgreen1 sentence2015Contrary to defendant’s assertion, the fact that he did not execute a written waiver of his Miranda rights does not invalidate his oral waiver or otherwise render his statement involuntary (see People v Dobbins, 123 AD3d 1140, 1140 [2014]; People v Wilkinson, 120 AD3d 521, 521 [2014]; People v Thornton, 87 AD3d 663, 664 [2011], lv denied 18 NY3d 862 [2011]; People v Saunders, 71 AD3d 1058, 1059-1060 [2010], lv denied 15 NY3d 757 [2010]). | 1 | 1 |
People v. Cuevasgreen1 sentence2015Contrary to defendant’s assertion, the fact that he did not execute a written waiver of his Miranda rights does not invalidate his oral waiver or otherwise render his statement involuntary (see People v Dobbins, 123 AD3d 1140, 1140 [2014]; People v Wilkinson, 120 AD3d 521, 521 [2014]; People v Thornton, 87 AD3d 663, 664 [2011], lv denied 18 NY3d 862 [2011]; People v Saunders, 71 AD3d 1058, 1059-1060 [2010], lv denied 15 NY3d 757 [2010]). | 1 | 1 |
People v. Wilkinsongreen1 sentence2015Contrary to defendant’s assertion, the fact that he did not execute a written waiver of his Miranda rights does not invalidate his oral waiver or otherwise render his statement involuntary (see People v Dobbins, 123 AD3d 1140, 1140 [2014]; People v Wilkinson, 120 AD3d 521, 521 [2014]; People v Thornton, 87 AD3d 663, 664 [2011], lv denied 18 NY3d 862 [2011]; People v Saunders, 71 AD3d 1058, 1059-1060 [2010], lv denied 15 NY3d 757 [2010]). | 1 | 1 |
People v. Dobbinsgreen1 sentence2015Contrary to defendant’s assertion, the fact that he did not execute a written waiver of his Miranda rights does not invalidate his oral waiver or otherwise render his statement involuntary (see People v Dobbins, 123 AD3d 1140, 1140 [2014]; People v Wilkinson, 120 AD3d 521, 521 [2014]; People v Thornton, 87 AD3d 663, 664 [2011], lv denied 18 NY3d 862 [2011]; People v Saunders, 71 AD3d 1058, 1059-1060 [2010], lv denied 15 NY3d 757 [2010]). | 1 | 1 |
People v. Willifordgreen1 sentence2015County Court credited the investigator’s testimony on this point and, upon reviewing the transcript of the suppression hearing, we are satisfied that the People met their burden of establishing “that the consent was freely and voluntarily given based on the totality of the circumstances” (People v Williford, 124 AD3d 1076, 1078 [2015], lv denied 25 NY3d 1209 [2015]). 4 Nor are we persuaded that the photographic array shown to the individual to whom defendant allegedly sold cigarettes on October 16, 2011 was unduly suggestive. | 1 | 1 |
People v. Chingreen1 sentence2009Upon our review of the transcript of the suppression hearing, we conclude that “[t]he People met ‘their initial burden of establishing the legality of the police conduct and defendant’s waiver of rights,’ and defendant failed to establish that he did not waive those rights, or that the waiver was not knowing, voluntary and intelligent” (People v Grady, 6 AD3d 1149, 1150 [2004] , lv denied 3 NY3d 641 [2004]; see People v Caballero, 23 AD3d 1031, 1032 [2005], lv denied 6 NY3d 846 ). | 1 | 1 |
People v. Washingtongreen1 sentence2009Upon our review of the transcript of the suppression hearing, we conclude that “[t]he People met ‘their initial burden of establishing the legality of the police conduct and defendant’s waiver of rights,’ and defendant failed to establish that he did not waive those rights, or that the waiver was not knowing, voluntary and intelligent” (People v Grady, 6 AD3d 1149, 1150 [2004] , lv denied 3 NY3d 641 [2004]; see People v Caballero, 23 AD3d 1031, 1032 [2005], lv denied 6 NY3d 846 ). | 1 | 1 |
People v. Hoaggreen1 sentence2009Upon our review of the transcript of the suppression hearing, we conclude that “[t]he People met ‘their initial burden of establishing the legality of the police conduct and defendant’s waiver of rights,’ and defendant failed to establish that he did not waive those rights, or that the waiver was not knowing, voluntary and intelligent” (People v Grady, 6 AD3d 1149, 1150 [2004] , lv denied 3 NY3d 641 [2004]; see People v Caballero, 23 AD3d 1031, 1032 [2005], lv denied 6 NY3d 846 ). | 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. Sanders
green
2 sentences2000By forcing the defendant to go to trial before he received the entire transcript, the trial court committed reversible error (see, People v Coleman, 81 NY2d 826 ; People v Sanders, 31 NY2d 463 ). 1991In People v Sanders ( 31 NY2d 463, 466-467 ), the Court of Appeals concluded that more definitive guidelines were necessary in order to avoid unwarranted delay resulting from last minute pretrial applications in criminal actions and declared that "[i]n the future, the defendant shall not only proceed with the requisite ’reason able diligence’ in making his pretrial suppression motion * * * but shall also make his request for a transcript of the minutes of any pretrial hearing prior to its conclusion” (supra, at 467 [emphasis supplied]). | 2 | 1991–2000 |
People v. Sullivan
green
1 sentence2015Contrary to defendant’s assertion, the fact that he did not execute a written waiver of his Miranda rights does not invalidate his oral waiver or otherwise render his statement involuntary (see People v Dobbins, 123 AD3d 1140, 1140 [2014]; People v Wilkinson, 120 AD3d 521, 521 [2014]; People v Thornton, 87 AD3d 663, 664 [2011], lv denied 18 NY3d 862 [2011]; People v Saunders, 71 AD3d 1058, 1059-1060 [2010], lv denied 15 NY3d 757 [2010]). | 1 | 2015–2015 |
People v. Blake
green
2 sentences2015Contrary to the position of our dissenting colleague, there is no basis to disturb the Supreme Court's determination that the officer's testimony was credible ( see People v Blake , 123 AD3d 838 ). 2015Contrary to the position of our dissenting colleague, there is no basis to disturb the Supreme Court’s determination that the officer’s testimony was credible (see People v Blake, 123 AD3d 838 [2014]). | 1 | 2015–2015 |
People v. Hamilton
green
1 sentence2009Upon our review of the transcript of the suppression hearing, we conclude that “[t]he People met ‘their initial burden of establishing the legality of the police conduct and defendant’s waiver of rights,’ and defendant failed to establish that he did not waive those rights, or that the waiver was not knowing, voluntary and intelligent” (People v Grady, 6 AD3d 1149, 1150 [2004] , lv denied 3 NY3d 641 [2004]; see People v Caballero, 23 AD3d 1031, 1032 [2005], lv denied 6 NY3d 846 ). | 1 | 2009–2009 |
People v. Coleman
green
1 sentence2000By forcing the defendant to go to trial before he received the entire transcript, the trial court committed reversible error (see, People v Coleman, 81 NY2d 826 ; People v Sanders, 31 NY2d 463 ). | 1 | 2000–2000 |
People v. Ramos
green
1 sentence1998In addition, since the record permits closure and closure was not facially overbroad, the burden was on defendant to alert County Court to any alternative procedures (see, Ayala v Speckard, 131 F3d 62 , 72; People v Ramos, 90 NY2d 490, 504 , cert denied sub nom. | 1 | 1998–1998 |
cluster 748877
green
1 sentence1998In addition, since the record permits closure and closure was not facially overbroad, the burden was on defendant to alert County Court to any alternative procedures (see, Ayala v Speckard, 131 F3d 62 , 72; People v Ramos, 90 NY2d 490, 504 , cert denied sub nom. | 1 | 1998–1998 |
Briggs Lumber Co. v. Friedman
green
1 sentence1991This delay was occasioned by defendant’s efforts to arrange a plea bargain (see, People v Jenner, 37 AD2d 786 ), his various motions and requests for adjournments, normal court congestion and the unavailability of the transcript of the suppression hearing; no delinquency on the prosecution’s part was shown. | 1 | 1991–1991 |
Matter of Eric
green
1 sentence1991Because a failure to comply with an indigent defendant’s request for a transcript of the suppression hearing results in the denial of a fundamental constitutional right and constitutes reversible error, it is our view that the timely request required to preserve the issue for review (see, Matter of Eric W., 68 NY2d 633, 636 ) must be communicated to the suppression court. | 1 | 1991–1991 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.