Legal Opinion

People v. Rivera

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

Decided January 31, 2012PublishedCited by 5 opinions

1Opinion of the Court

*973Contrary to the defendant’s contention, the trial court did not, in effect, deprive him of the right to challenge the voluntariness of a statement he made at a hospital by precluding certain evidence. In this regard, the trial court providently exercised its discretion in precluding the defendant’s hospital record and photographs taken of him hours after he made his statement, as any probative value that evidence may have had would have been substantially outweighed by its prejudicial effect (see People v Scarola, 71 NY2d 769, 777 [1988]; People v Jessamy, 282 AD2d 288, 289 [2001]).

The…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. People v. GallowayNew York Court of Appeals · 1981

16 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. RomeroAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. SylvesterAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. TriceAppellate Division of the Supreme Court of the State of New York · 2023

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