Legal Opinion

People v. Gessner

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

Decided December 30, 1992PublishedCited by 9 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the suppression court erred in denying the motion to suppress his written statement. Defendant maintains that the statement was involuntarily made because it was obtained from him by means of threats and promises by the police (see, CPL 60.45 [1], [2] [a], [b] [i]). The police witnesses denied making any such threats or promises. Defendant’s contrary testimony merely presented a credibility question for the court to resolve. The court’s resolution of that issue in favor of the People is supported by the record…

2Cases cited5 opinions

  1. People v. SmithNew York Court of Appeals · 1989
  2. People v. VailAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. WoodsAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. CapersAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by9 opinions

  1. People v. WhitlatchAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. EngertAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. RussellAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. JamisonAppellate Division of the Supreme Court of the State of New York · 1995

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