Legal Opinion
People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2006PublishedCited by 5 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered March 5, 2004, convicting defendant, after a jury trial, of murder in the second degree (two counts), rape in the first degree, and rape in the third degree, and sentencing *378him, as a second felony offender, to an aggregate term of 40 years to life, unanimously affirmed.
The court properly denied defendant’s motion to suppress his statements to police. The record supports the court’s finding that none of the statements he made prior to receiving Miranda warnings was custodial (see Oregon v Mathiason, 429 US 492, 495…
2Cases cited13 opinions
- Oregon v. MathiasonSupreme Court of the United States · 1977
- Thompson v. KeohaneSupreme Court of the United States · 1995
- People v. YuklNew York Court of Appeals · 1969
- People v. AndersonNew York Court of Appeals · 1977
- People v. CentanoNew York Court of Appeals · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SemrauAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2019
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2019