Legal Opinion

People v. Aveni

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

Decided October 17, 2012PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Belen, J.

This case presents us with an opportunity to decide under what circumstances the police, while interrogating a suspect, exceed permissible deception, such that a suspect’s statements to the police must be suppressed because they were unconstitutionally coerced. During the early morning of January 13, 2009, the defendant, Paul Aveni, who had been arrested the previous night for violating a temporary order of protection obtained by his mother, Mary Aveni (hereinafter Mary), was intentionally deceived and threatened by two detectives from the New Rochelle Police…

2Cases cited56 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. RomeroNew York Court of Appeals · 2006
  4. Malloy v. HoganSupreme Court of the United States · 1964
  5. People v. MateoNew York Court of Appeals · 2004

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3Cited by25 opinions

  1. People v. CarnevaleAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. DunbarAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. MarsdenAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. JamesAppellate Division of the Supreme Court of the State of New York · 2016

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