Legal Opinion

People v. Flemming

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

Decided December 27, 2012PublishedCited by 2 opinions

1Opinion of the CourtEgan Jr., J.

We affirm. Initially, we reject defendant’s assertion that County Court erred in denying her motion to suppress her written statement. “Whether a statement is voluntary is a factual question to be determined from the totality of the circumstances” (People v Heesh, 94 AD3d 1159, 1160 [2012] [citations omitted], lv denied 19 NY3d 961 [2012]; see People v Button, 56 AD3d 1043, 1044 [2008], lv dismissed 12 NY3d 781 [2009]), and the suppression court’s credibility determinations, if supported by the record as a whole, will not be disturbed (see People v Button, 56 AD3d at 1044; People v Davis, 18…

2Cases cited8 opinions

  1. People v. DanielsNew York Court of Appeals · 1975
  2. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. PouliotAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by2 opinions

  1. People v. LapiAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. LapiAppellate Division of the Supreme Court of the State of New York · 2013

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