Legal Opinion

People v. Brakefield

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

Decided December 20, 1989PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant was not in custody when he gave his statement to the police. Thus, the court properly denied defendant’s motion to suppress the statement even though the police were aware that defendant was represented by counsel on an unrelated charge (see, People v Hauswirth, 89 AD2d 357, affd 60 NY2d 904).

The introduction of photographs depicting the injuries to the deceased victim was proper to corroborate defendant’s statement and to prove defendant’s intent in inflicting the injuries. Photographs that are otherwise properly admitted as tending to…

2Cases cited4 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. PoblinerNew York Court of Appeals · 1973
  3. People v. HauswirthNew York Court of Appeals · 1983
  4. People v. HauswirthAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by6 opinions

  1. People v. MadisonAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. StebbinsAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. DoganAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. RyanAppellate Division of the Supreme Court of the State of New York · 1990
  5. MADISON, ALONZO, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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