People v. Graves

Appellate Division of the Supreme Court of New York

People v. Graves

158 A.D.2d 916, 551 N.Y.S.2d 81, 1990 N.Y. App. Div. LEXIS 1409

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 1990·Published·Cited by 4 cases

Opinion

[917] The second statement must also be suppressed. We cannot conclude on this record that there was “such a definite, pronounced break in the interrogation that the defendant may be said to have returned, in effect, to the status of one who is not under the influence of questioning” (People v Chapple, 38 NY2d 112, 115). Defendant’s statement at the police station must therefore be suppressed as the product of a continuous interrogation (see, People v Bethea, 67 NY2d 364; People v Chapple, supra; People v Campbell, 123 AD2d 878; People v Bodner, 75 AD2d 440). (Appeal from judgment of Monroe County Court, Egan, J. — sexual abuse, first degree.) Present— Dillon, P. J., Denman, Green, Balio and Lawton, JJ.

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[917] The second statement must also be suppressed. We cannot conclude on this record that there was “such a definite, pronounced break in the interrogation that the defendant may be said to have returned, in effect, to the status of one who is not under the influence of questioning” (People v Chapple, 38 NY2d 112, 115). Defendant’s statement at the police station must therefore be suppressed as the product of a continuous interrogation (see, People v Bethea, 67 NY2d 364; People v Chapple, supra; People v Campbell, 123 AD2d 878; People v Bodner, 75 AD2d 440). (Appeal from judgment of Monroe County Court, Egan, J. — sexual abuse, first degree.) Present— Dillon, P. J., Denman, Green, Balio and Lawton, JJ.

People v. Graves, 158 A.D.2d 916, 551 N.Y.S.2d 81, 1990 N.Y. App. Div. LEXIS 1409 (N.Y. Ct. App. 1990).

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Opinion

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