People v. Kelley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him, after a nonjury trial, of burglary in the third degree (Penal Law § 140.20) and criminal mischief in the fourth degree (§ 145.00 [1]), defendant contends that County Court erred in refusing to suppress his statements to the police because, inter alia, he was subjected to custodial interrogation and thus Miranda warnings were required. We reject that contention. In determining whether a defendant was in custody for Miranda purposes, “[t]he test is not what the defendant thought, but rather what a reasonable [person], innocent of any crime,…
2Cases cited8 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. GrayNew York Court of Appeals · 1995
- People v. HawkinsNew York Court of Appeals · 2008
- People v. YuklNew York Court of Appeals · 1969
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3Cited by32 opinions
- People v. WeakfallAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2020
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PalmerAppellate Division of the Supreme Court of the State of New York · 2022
- People v. CarbonaroAppellate Division of the Supreme Court of the State of New York · 2015
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