People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that his statement to the police was the product of custodial interrogation. We disagree. Whether a defendant is in custody is generally a question of fact to be determined by the suppression court (see, People v Waymer, 53 NY2d 1053, 1054; People v Grimes, 162 AD2d 1031, lv denied 76 NY2d 893) and its determination should not be disturbed unless it is erroneous as a matter of law or unsupported by the record (see, People v Prochilo, 41 NY2d 759, 761; People v McIntyre, 138 AD2d 634, lv denied 72 NY2d 959). The fact that defendant…
2Cases cited10 opinions
- People v. YuklNew York Court of Appeals · 1969
- People v. GissendannerNew York Court of Appeals · 1979
- People v. RodriguezNew York Court of Appeals · 1992
- People v. TasNew York Court of Appeals · 1980
- People v. CollinsNew York Court of Appeals · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. KempAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1995
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2000
- People v. DadouAppellate Division of the Supreme Court of the State of New York · 1993
- People v. GaffneyAppellate Division of the Supreme Court of the State of New York · 2002
3 more not listed; retrieve them via the Exa API.