People v. Beltran

Appellate Division of the Supreme Court of New York

People v. Beltran

201 A.D.2d 307, 607 N.Y.S.2d 294, 1994 N.Y. App. Div. LEXIS 1036

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

DecidedFebruary 8, 1994

StatusPublished

This text of 201 A.D.2d 307 (People v. Beltran) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Beltran, 201 A.D.2d 307, 607 N.Y.S.2d 294, 1994 N.Y. App. Div. LEXIS 1036 (N.Y. Ct. App. 1994).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered January 7, 1991, convicting defendant, after a jury trial, of two counts of murder in the second degree, and sentencing him to two consecutive terms of 15 years to life, unanimously affirmed.

Whether the existence of probable cause to arrest defendant is questionable given the absence of any evidence at the suppression hearing showing that the building resident who implicated defendant was reliable (see, People v Bigelow, 66 NY2d 417), it is clear that notwithstanding the temporal proximity of the arrest and defendant’s confession, any causal connection between any allegedly unlawful police conduct and the confession was attenuated by the absence of any demonstrated improper motive by the police and the congenial circumstances that prevailed upon defendant’s arrest, i.e., he was permitted to return to his home and eat a meal cooked by his mother as the officers waited patiently nearby, he was not restrained, no attempt was made to interrogate him or interfere in his interaction with his family until after the meal and no weapons were drawn (compare, People v Conyers, 68 NY2d 982). We have considered defendant’s remaining contentions, including those raised in his pro se brief, and find them to be without merit. Concur — Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered January 7, 1991, convicting defendant, after a jury trial, of two counts of murder in the second degree, and sentencing him to two consecutive terms of 15 years to life, unanimously affirmed.

Whether the existence of probable cause to arrest defendant is questionable given the absence of any evidence at the suppression hearing showing that the building resident who implicated defendant was reliable (see, People v Bigelow, 66 NY2d 417), it is clear that notwithstanding the temporal proximity of the arrest and defendant’s confession, any causal connection between any allegedly unlawful police conduct and the confession was attenuated by the absence of any demonstrated improper motive by the police and the congenial circumstances that prevailed upon defendant’s arrest, i.e., he was permitted to return to his home and eat a meal cooked by his mother as the officers waited patiently nearby, he was not restrained, no attempt was made to interrogate him or interfere in his interaction with his family until after the meal and no weapons were drawn (compare, People v Conyers, 68 NY2d 982). We have considered defendant’s remaining contentions, including those raised in his pro se brief, and find them to be without merit. Concur — Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

201 A.D.2d 307, 607 N.Y.S.2d 294, 1994 N.Y. App. Div. LEXIS 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beltran-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack