Legal Opinion

People v. Tavares-Nunez

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

Decided September 27, 2011PublishedCited by 16 opinions

1Opinion of the Court

We agree with the defendant that his inculpatory statement to law enforcement officials made before the administration of Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) should have been suppressed. The hearing evidence revealed that a police detective, Detective Echeverría, interviewed a witness who informed him that, earlier that day, he had observed the defendant, an employee whom he supervised, engaging in oral sexual conduct with an incapacitated resident of the nursing home where the defendant and the witness worked, and that the defendant had been sent home early due to the…

2Cases cited33 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. United States v. MendenhallSupreme Court of the United States · 1980
  4. Rhode Island v. InnisSupreme Court of the United States · 1980
  5. People v. YuklNew York Court of Appeals · 1969

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3Cited by16 opinions

  1. People v. ReardonAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. LopezAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. RomeroAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. CaseyAppellate Division of the Supreme Court of the State of New York · 2017

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