Legal Opinion

People v. Divine

Appellate Division of the Supreme Court of the State of New York

Decided September 8, 2005PublishedCited by 8 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Denis Boyle, J., at suppression hearing; David Stadtmauer, J., at jury trial and sentence), rendered August 28, 2003, convicting defendant of criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, affirmed.

The court properly denied defendant’s suppression motion. The record supports the court’s determination that defendant’s statement was attenuated from his unlawful arrest (see Brown v Illinois, 422 US 590, 602-604 [1975]). There was an interval of more than four…

Also in this document: Dissent.

2Cases cited11 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Brown v. IllinoisSupreme Court of the United States · 1975
  3. Davis v. MississippiSupreme Court of the United States · 1969
  4. New York v. HarrisSupreme Court of the United States · 1990
  5. People v. SantiagoNew York Court of Appeals · 1981

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3Cited by8 opinions

  1. Marcus Mosby v. Daniel SenkowskiCourt of Appeals for the Second Circuit · 2006
  2. People v. SuarezAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. TurnerAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. JimenezAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. RiveraNew York Supreme Court · 2013

3 more not listed; retrieve them via the Exa API.

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