People v. Swimley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The court properly denied defendant’s motion to suppress his statement to the police. The record supports the suppression court’s conclusion that defendant’s waiver of his Miranda rights was knowing, intelligent and voluntary. Although defendant testified that he had a lot of whiskey and very little sleep before giving his statement, the evidence does not support a finding that defendant was so intoxicated or fatigued that he was incapable of intelligently waiving his rights or comprehending the meaning of his statement (see, People v Perry, 144…
2Cases cited8 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- People v. BaldiNew York Court of Appeals · 1981
- People v. TarsiaNew York Court of Appeals · 1980
- People v. MartinNew York Court of Appeals · 1980
- People v. HarrisNew York Court of Appeals · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. IsaacAppellate Division of the Supreme Court of the State of New York · 1996
- People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1997
- People v. JamisonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HunterAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.