Legal Opinion
People v. Burton
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2008PublishedCited by 6 opinions
1Opinion of the Court
The court properly denied defendant’s suppression motion. While defendant was in custody and awaiting medical attention at a hospital, an officer engaged him in general conversation on *262subjects unrelated to the case. This was not the functional equivalent of interrogation (see e.g. People v Man Lee Lo, 118 AD2d 225, 230-231 [1986], lv denied 68 NY2d 814 [1986]), and the surrounding circumstances were not inherently coercive. Defendant ultimately asked the officer two questions about the charges against him. In each instance, the officer’s immediate answer was brief, neutral and did not go…
2Cases cited5 opinions
- People v. RiversNew York Court of Appeals · 1982
- People v. AbrewNew York Court of Appeals · 2000
- People v. LanahanNew York Court of Appeals · 1981
- People v. Man Lee LoAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MinorAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- People v. DeanAppellate Division of the Supreme Court of the State of New York · 2022
- People v. DeanAppellate Division of the Supreme Court of the State of New York · 2022
- People v. OrtegaAppellate Division of the Supreme Court of the State of New York · 2022
- People v. OrtegaAppellate Division of the Supreme Court of the State of New York · 2022
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2020
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