People v. Benitez

Appellate Division of the Supreme Court of New York

People v. Benitez

70 A.D.2d 883, 417 N.Y.S.2d 106, 1979 N.Y. App. Div. LEXIS 12460

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

DecidedJune 4, 1979

StatusPublished

This text of 70 A.D.2d 883 (People v. Benitez) 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. Benitez, 70 A.D.2d 883, 417 N.Y.S.2d 106, 1979 N.Y. App. Div. LEXIS 12460 (N.Y. Ct. App. 1979).

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Opinion

— Appeal by defendant from a judgment of the County Court, Westchester County, rendered November 22, 1977, convicting him of attempted burglary in the third degree, possession of burglar’s tools and criminal mischief in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review so much of an order of the same court, entered August 24, 1977, as denied defendant’s motion to suppress a statement, without a hearing. Judgment reversed and order reversed insofar as reviewed, on the law, plea of guilty vacated, and matter remanded to the Criminal Term for a hearing on defendant’s motion to suppress a statement. In defendant’s motion papers it was alleged that his confession was given in violation of his Miranda rights and as the result of threatening conduct by the police. Although the People, in opposition, contended that defendant’s statement was made spontaneously after he was apprehended fleeing from the scene of the crime and not as a result of any interrogation, the defendant’s allegations are sufficient to warrant a hearing to resolve this basic issue (see CPL 710.60, subd 3, par [b]; 710.20, subd 3; 60.45). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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— Appeal by defendant from a judgment of the County Court, Westchester County, rendered November 22, 1977, convicting him of attempted burglary in the third degree, possession of burglar’s tools and criminal mischief in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review so much of an order of the same court, entered August 24, 1977, as denied defendant’s motion to suppress a statement, without a hearing. Judgment reversed and order reversed insofar as reviewed, on the law, plea of guilty vacated, and matter remanded to the Criminal Term for a hearing on defendant’s motion to suppress a statement. In defendant’s motion papers it was alleged that his confession was given in violation of his Miranda rights and as the result of threatening conduct by the police. Although the People, in opposition, contended that defendant’s statement was made spontaneously after he was apprehended fleeing from the scene of the crime and not as a result of any interrogation, the defendant’s allegations are sufficient to warrant a hearing to resolve this basic issue (see CPL 710.60, subd 3, par [b]; 710.20, subd 3; 60.45). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Bluebook (online)

70 A.D.2d 883, 417 N.Y.S.2d 106, 1979 N.Y. App. Div. LEXIS 12460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benitez-nyappdiv-1979.