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

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

DecidedFebruary 2, 1990

StatusPublished

Cited by4 cases

This text of 158 A.D.2d 916 (People v. Graves) 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. 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

[917]*917The 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]*917The 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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Bluebook (online)

158 A.D.2d 916, 551 N.Y.S.2d 81, 1990 N.Y. App. Div. LEXIS 1409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-graves-nyappdiv-1990.

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