Legal Opinion
People v. Benton
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1990PublishedCited by 8 opinions
1Opinion of the Court
The record at the suppression hearing establishes that the police advised defendant of his Miranda rights prior to questioning him. Although it does not appear that defendant expressly waived his rights, such a waiver may be inferred from defendant’s conduct (see, North Carolina v Butler, 441 US 369, 373; People v Morton, 116 AD2d 925, 926, Iv denied 67 NY2d 887). It is apparent that defendant understood the Miranda warnings and, with such understanding, freely chose to answer the questions asked by the police (People v Morton, supra). The police scrupulously honored defendant’s right to…
2Cases cited5 opinions
- Rhode Island v. InnisSupreme Court of the United States · 1980
- North Carolina v. ButlerSupreme Court of the United States · 1979
- People v. RiversNew York Court of Appeals · 1982
- People v. AllnuttAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MortonAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by8 opinions
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2003
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DeLongAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HenryAppellate Division of the Supreme Court of the State of New York · 1996
- BROWN, JOHN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
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