Legal Opinion
People v. Palmiere
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 9 opinions
1Opinion of the Court
Memorandum: The police officer’s questioning of defendant at the scene of an accident about what happened, who owned the car, and whether he was drinking was investigatory, not custodial, interrogation (see, People v Aia, 105 AD2d 592, 593; People v Brown, 104 AD2d 696, 697; People v Gardell, 59 AD2d 929). Defendant’s later statement, made after Miranda warnings, was not tainted by the prior interrogation and was correctly found to be admissible.
We have considered defendant’s remaining contentions and find them to be without merit. (Appeal from judgment of Ontario County Court, Reed, J. —…
2Cases cited3 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1984
- People v. AiaAppellate Division of the Supreme Court of the State of New York · 1984
- People v. GardellAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by9 opinions
- People v. DeBlaseAppellate Division of the Supreme Court of the State of New York · 1988
- People v. HenniganAppellate Division of the Supreme Court of the State of New York · 1987
- People v. McClaneyAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SteinhilberAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CarbonaroAppellate Division of the Supreme Court of the State of New York · 2015
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