People v. Waymer

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s contention that the second confession should have been suppressed as the tainted fruit of the first (see People v Chappie, 38 NY2d 112) must be rejected. Custody is a factual question (see, e.g., People v Albro, 52 NY2d 619). But Criminal Term, in suppressing the first statement, based its decision solely on “the interest [s] of justice”. While it, of course, is possible that the court thereby intended to indicate that it had made a factual finding to that effect, it did not say so. Absent such…