People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that Supreme Court erred in denying his motion to suppress. The court properly concluded that defendant voluntarily accompanied the police to the station and was not thereafter detained without probable cause. The test for whether a person is in custody is an objective one, the relevant inquiry being "what a reasonable man, innocent of any crime, would have thought had he been in the defendant’s position” (People v Yukl, 25 NY2d 585, 589, mot to amend remittur denied 26 NY2d 845, rearg denied 26 NY2d 883, cert…
2Cases cited8 opinions
- Dunaway v. New YorkSupreme Court of the United States · 1979
- People v. ChippNew York Court of Appeals · 1990
- People v. YuklNew York Court of Appeals · 1969
- People v. CentanoNew York Court of Appeals · 1990
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. MastinAppellate Division of the Supreme Court of the State of New York · 1999
- People v. SpirlesAppellate Division of the Supreme Court of the State of New York · 2000
- People v. DawsonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SloanAppellate Division of the Supreme Court of the State of New York · 1997
- People v. RayfordAppellate Division of the Supreme Court of the State of New York · 2002
1 more not listed; retrieve them via the Exa API.