Legal Opinion

People v. Thayer

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

Decided December 23, 1994PublishedCited by 7 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: The record supports the suppression court’s finding that defendant, despite his intellectual limitations, knowingly, voluntarily and intelligently waived his Miranda rights and agreed to speak to the police (see, People v Ludlow, 187 AD2d 936, lv denied 81 NY2d 888; People v Matthews, 148 AD2d 272, appeal dismissed 74 NY2d 950).

The contention that defendant was improperly sentenced as a second felony offender is not properly before us. That contention cannot be addressed on direct appeal from the judgment because it involves matters dehors the…

2Cases cited5 opinions

  1. People v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. KihmAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. LudlowAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. MaysAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by7 opinions

  1. People v. StrongAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. BrayAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. LettsAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1997

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