Legal Opinion

People of State of New York v. Xochimitl

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

Decided February 1, 2017Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered November 27, *7942012, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement officials.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly denied suppression of his postarrest statements. “ ‘[T]he police may lawfully conduct a…

2Cases cited14 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. People v. CosmeNew York Court of Appeals · 1979
  3. People v. QuagliataAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. CasanovaAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. ToussaintAppellate Division of the Supreme Court of the State of New York · 2007

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