Legal Opinion

People v. Gonzalez

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

Decided January 21, 1992PublishedCited by 5 opinions

1Opinion of the Court

We find no reason to disturb the hearing court’s findings that the defendant knowingly and intelligently waived her Miranda rights (see, Miranda v Arizona, 384 US 436) and voluntarily confessed to the crime. In so finding, the hearing court specifically rejected the testimony of the defendant and credited the testimony of the prosecution witnesses. It is well settled that issues of credibility are primarily for the hearing court, which saw and heard the witnesses and its determination should not be disturbed on appeal unless clearly unsupported by the record (see, People v Prochilo, 41 NY2d…

2Cases cited8 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. HarrisNew York Court of Appeals · 1983
  3. People v. ChappleNew York Court of Appeals · 1975
  4. People v. FrancisNew York Court of Appeals · 1975
  5. People v. BetheaNew York Court of Appeals · 1986

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

3Cited by5 opinions

  1. People v. AbreuAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. StevensAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. BerroaAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. ConnorsAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. JacksonNew York Supreme Court · 2015

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