People v. Cruz
This text of 687 N.E.2d 1329 (People v. Cruz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
That Court specifically affirmed the hearing court’s finding that defendant’s statements were not the product of custodial interrogation. The court’s ruling constitutes a determination on a mixed question of law and fact and, inasmuch as there is support in the record for the determination, it is beyond further review by this Court. Thus, the statements made by defendant in response to the questions of a police officer on the street were admissible despite the lack of prior Miranda warnings.
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
Order affirmed in a memorandum.
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Cite This Page — Counsel Stack
687 N.E.2d 1329, 90 N.Y.2d 961, 665 N.Y.S.2d 46, 1997 N.Y. LEXIS 3203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cruz-ny-1997.