People v. Spivack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bernstein, J.), rendered March 17, 1982, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress his pretrial statements.
Judgment affirmed.
In the instant case the primary issue in finding that defendant freely and voluntarily waived his constitutional rights was one of credibility. Since the hearing court’s findings were not clearly erroneous, they should be upheld (People v Armstead, 98…
2Cases cited6 opinions
- People v. AndersonNew York Court of Appeals · 1977
- People v. CasassaNew York Court of Appeals · 1980
- People v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1983
- People v. FuschinoNew York Court of Appeals · 1983
- People v. BevilacquaNew York Court of Appeals · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. HallAppellate Division of the Supreme Court of the State of New York · 1986
- People v. DorseyAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MatusAppellate Division of the Supreme Court of the State of New York · 1990
- People v. PetersAppellate Division of the Supreme Court of the State of New York · 1990
- People v. CasselsAppellate Division of the Supreme Court of the State of New York · 1999
4 more not listed; retrieve them via the Exa API.