People v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Herbert Altman, J., at suppression hearing; Michael Obús, J., at jury trial and sentence), rendered September 20, 1998, convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Defendant concedes that the hearing court’s original denial of a Dunaway hearing was correct because his moving papers were devoid of necessary sworn factual allegations. He contends, however, that either the hearing or trial courts (this conviction arises out of a retrial) should have granted a Dun-away…
2Cases cited17 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. CrimminsNew York Court of Appeals · 1975
- Arizona v. FulminanteSupreme Court of the United States · 1991
- People v. BeneventoNew York Court of Appeals · 1998
- Davis v. United StatesSupreme Court of the United States · 1994
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