Legal Opinion

People v. Oakes

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

Decided December 31, 2008PublishedCited by 10 opinions

1Opinion of the Court

*1426Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20 [1]). County Court properly refused to suppress defendant’s statements to the police. The record of the suppression hearing establishes that defendant was not in custody when he made his initial statement to the police at the home of his girlfriend, and thus Miranda warnings were not required (see generally People v Brown, 52 AD3d 1175, 1176 [2008]). “Because the initial statement was not the product of pr e-Miranda custodial interrogation, the post -Miranda…

2Cases cited11 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. AlfaroNew York Court of Appeals · 1985
  4. People v. HarrisNew York Court of Appeals · 2002
  5. People v. KellyNew York Court of Appeals · 2005

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

3Cited by10 opinions

  1. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2022
  2. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. SpirlesAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. TerrellAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. PetersAppellate Division of the Supreme Court of the State of New York · 2010

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

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