Legal Opinion

People v. Miller

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

Decided November 26, 1997PublishedCited by 17 opinions

1Opinion of the CourtCardona, P. J.

Appeal from an order of the County Court of Broome County (Smith, J.), entered April 7, 1997, which granted defendant’s motion to suppress evidence.

The single issue in this appeal concerns the voluntariness of the oral and written statements given by defendant in which he admitted engaging in sexual contact with a four-year-old girl. Following a Huntley hearing, County Court suppressed the statements. The People appeal.

Initially, we note that the voluntariness of a statement is generally “a question of fact to be determined from the totality of the circumstances” (Matter of Jo,mes OO., 234…

2Cases cited5 opinions

  1. People v. AndersonNew York Court of Appeals · 1977
  2. People v. ChaseNew York Court of Appeals · 1995
  3. People v. GagliardiAppellate Division of the Supreme Court of the State of New York · 1996
  4. In re James OO.Appellate Division of the Supreme Court of the State of New York · 1996
  5. People v. ClineAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by17 opinions

  1. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. MayAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. HughesAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. BlanchardAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. OrsoAppellate Division of the Supreme Court of the State of New York · 2000

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API