People v. Duke

New York Supreme Court

People v. Duke

63 Misc. 2d 407, 311 N.Y.S.2d 312, 1970 N.Y. Misc. LEXIS 1613

DecidedMay 18, 1970

StatusPublished

This text of 63 Misc. 2d 407 (People v. Duke) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Duke, 63 Misc. 2d 407, 311 N.Y.S.2d 312, 1970 N.Y. Misc. LEXIS 1613 (N.Y. Super. Ct. 1970).

Pincite

Opinion

Per Curiam.

Bear gum ent having heretofore been granted, we adhere to our original decision.

Concededly the Miranda warnings were given after the defendant was first taken into custody. He answered these by saying, “ Okay”, and thereby waived his constitutional rights against self incrimination (People v. Davis, 33 A D 2d 762).

At the station house he proceeded to have oral communications and to perform tests. There was no evidence that he was unable to understand by virtue of mental illness, or that his intent to waive was other than a clear intent. If his senses were dulled by the potions which led to his arrest, this self-inflicted condition ought not to be a bar to the introduction of this evidence. We find he was properly warned of his constitutional rights and these rights were effectively waived.

Concur — Hogan, P. J., and G-tjlotta, J.

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

Per Curiam.

Bear gum ent having heretofore been granted, we adhere to our original decision.

Concededly the Miranda warnings were given after the defendant was first taken into custody. He answered these by saying, “ Okay”, and thereby waived his constitutional rights against self incrimination (People v. Davis, 33 A D 2d 762).

At the station house he proceeded to have oral communications and to perform tests. There was no evidence that he was unable to understand by virtue of mental illness, or that his intent to waive was other than a clear intent. If his senses were dulled by the potions which led to his arrest, this self-inflicted condition ought not to be a bar to the introduction of this evidence. We find he was properly warned of his constitutional rights and these rights were effectively waived.

Concur — Hogan, P. J., and G-tjlotta, J.

Cite This Page — Counsel Stack

Bluebook (online)

63 Misc. 2d 407, 311 N.Y.S.2d 312, 1970 N.Y. Misc. LEXIS 1613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-duke-nysupct-1970.