People v. Schultz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unani*1240mously affirmed. Memorandum: The court properly refused to suppress defendant’s oral statements, rejecting his contention that they were the product of custodial interrogation. Defendant was questioned in his home for about one hour, his freedom was unrestricted, and the court was entitled to believe the police officer’s testimony that defendant never asked him to leave (see, e.g., Matter of Kwok T., 43 NY2d 213; see generally, People v Yukl, 25 NY2d 585, 588, mot to amend remittitur denied 26 NY2d 845, cert denied 400 US 851; People v Baird, 155 AD2d 918, lv denied 75 NY2d…
2Cases cited3 opinions
- People v. YuklNew York Court of Appeals · 1969
- In re Kwok T.New York Court of Appeals · 1977
- People v. BairdAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- People v. ButcherAppellate Division of the Supreme Court of the State of New York · 2004
- People v. KaufmanAppellate Division of the Supreme Court of the State of New York · 2001
- People v. ZukeAppellate Division of the Supreme Court of the State of New York · 2011
- ZUKE, TIMOTHY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011