Legal Opinion
People v. Witherspoon
New York Court of Appeals
Decided December 17, 1985PublishedCited by 89 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
When a defendant properly challenges statements made by him that the People intend to offer at trial, it is, of course, the People’s burden to establish, beyond a reasonable doubt, that such statements wpre voluntarily made (People v Anderson, 42 NY2d 35). This does not mean, however, that the People are mandated to produce all police officers who had contact with the defendant from arrest to the time that the challenged statements were elicited.
In this case, defendant presented no bona fide factual…
2Cases cited5 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Oregon v. ElstadSupreme Court of the United States · 1985
- People v. AndersonNew York Court of Appeals · 1977
- People v. McGregorAppellate Division of the Supreme Court of the State of New York · 1981
- People v. McGregorAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by89 opinions
- People v. BetheaNew York Court of Appeals · 1986
- Commonwealth v. AhmadMassachusetts Supreme Judicial Court · 2012
- People v. KithcartAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HucksAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2012
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