People v. Becker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: There is no merit to the claim that the People’s failure to call Parole Officer John Jenkins at the Huntley hearing rendered the proof of the voluntariness of defendant’s confession insufficient as a matter of law. At the hearing, the People met their burden of going forward to show the legality of the police conduct in the first instance (see, People v Di Stefano, 38 NY2d 640, 652; People v Berrios, 28 NY2d 361). Investigator Zambito testified that he contacted defendant, requested that defendant accompany him to the police station, transported him…
2Cases cited4 opinions
- People v. BerriosNew York Court of Appeals · 1971
- People v. Di StefanoNew York Court of Appeals · 1976
- People v. WitherspoonNew York Court of Appeals · 1985
- People v. ShieldsAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- People v. HiltsAppellate Division of the Supreme Court of the State of New York · 2005
- People v. BarfieldAppellate Division of the Supreme Court of the State of New York · 2005
- People v. DrummAppellate Division of the Supreme Court of the State of New York · 2005