People v. Credle

Appellate Division of the Supreme Court of New York

People v. Credle

40 A.D.3d 201, 833 N.Y.S.2d 386

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

DecidedMay 1, 2007

StatusPublished

This text of 40 A.D.3d 201 (People v. Credle) 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. Credle, 40 A.D.3d 201, 833 N.Y.S.2d 386 (N.Y. Ct. App. 2007).

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Opinion

Judgments, Supreme Court, New York County (James A. Yates, J., at hearing; Renee A. White, J., at pleas and sentence), rendered January 6, 2004, as amended on or about June 28, 2006, convicting defendant of assault in the first degree and bail jumping in the first degree, and sentencing him, as a second felony offender to consecutive terms of 13 years and 2 to 4 years, respectively, unanimously affirmed.

Following this Court’s remand (28 AD3d 397 [2006], appeal withdrawn 7 NY3d 787 [2006]), the hearing court properly denied defendant’s suppression motion. Defendant’s spontaneous, noncustodial statements to the police were voluntary. There was no improper police conduct (see People v Howard, 60 NY2d 999 [1983]), and there was nothing in defendant’s mental or physical condition that would affect his ability to make a voluntary statement (compare Mincey v Arizona, 437 US 385, 398 [1978]). Concur—Mazzarelli, J.P., Friedman, Marlow, Sullivan and Catterson, JJ.

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Judgments, Supreme Court, New York County (James A. Yates, J., at hearing; Renee A. White, J., at pleas and sentence), rendered January 6, 2004, as amended on or about June 28, 2006, convicting defendant of assault in the first degree and bail jumping in the first degree, and sentencing him, as a second felony offender to consecutive terms of 13 years and 2 to 4 years, respectively, unanimously affirmed.

Following this Court’s remand (28 AD3d 397 [2006], appeal withdrawn 7 NY3d 787 [2006]), the hearing court properly denied defendant’s suppression motion. Defendant’s spontaneous, noncustodial statements to the police were voluntary. There was no improper police conduct (see People v Howard, 60 NY2d 999 [1983]), and there was nothing in defendant’s mental or physical condition that would affect his ability to make a voluntary statement (compare Mincey v Arizona, 437 US 385, 398 [1978]). Concur—Mazzarelli, J.P., Friedman, Marlow, Sullivan and Catterson, JJ.

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Bluebook (online)

40 A.D.3d 201, 833 N.Y.S.2d 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-credle-nyappdiv-2007.

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