People v. Diaz

New York Court of Appeals

People v. Diaz

640 N.E.2d 1134, 84 N.Y.2d 839, 616 N.Y.S.2d 900, 1994 N.Y. LEXIS 2325

New York Court of Appeals·Decided September 8, 1994·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Sufficient evidence exists to support the hearing court’s determination that defendant voluntarily consented to accompany the police officers to the station on March 13, 1991, and was not in custody when he made an exculpatory statement (see, People v Yukl, 25 NY2d 585, 588-589, cert denied 400 US 851).

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Sufficient evidence exists to support the hearing court’s determination that defendant voluntarily consented to accompany the police officers to the station on March 13, 1991, and was not in custody when he made an exculpatory statement (see, People v Yukl, 25 NY2d 585, 588-589, cert denied 400 US 851).

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

People v. Diaz, 640 N.E.2d 1134, 84 N.Y.2d 839, 616 N.Y.S.2d 900, 1994 N.Y. LEXIS 2325 (N.Y. 1994).

Pincite

640 N.E.2d 1134 (People v. Diaz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related