Legal Opinion

People v. Wilbert

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

Decided April 14, 1993PublishedCited by 7 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: We agree with the determination of the suppression court that the initial statement defendant made to the police was not the product of custodial interrogation. Whether a defendant is in custody is a question for the trier of fact (see, People v Waymer, 53 NY2d 1053, 1054; People v Grimes, 162 AD2d 1031, lv denied 76 NY2d 893) and is to be accorded great respect and left undisturbed unless it is erroneous as a matter of law or unsupported by the record (see, People v Prochilo, 41 NY2d 759, 761; People v McIntyre, 138 AD2d 634, lv denied 72 NY2d…

2Cases cited9 opinions

  1. People v. YuklNew York Court of Appeals · 1969
  2. People v. ChappleNew York Court of Appeals · 1975
  3. People v. OatesAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989

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3Cited by7 opinions

  1. People v. VargasAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. WattsAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. MercedAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. Bell-ScottAppellate Division of the Supreme Court of the State of New York · 2018

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

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