People v. Griffin

New York Court of Appeals

People v. Griffin

401 N.E.2d 905, 48 N.Y.2d 998, 425 N.Y.S.2d 547, 1980 N.Y. LEXIS 2051

CourtNew York Court of Appeals

DecidedJanuary 8, 1980

StatusPublished

Cited by3 cases

This text of 401 N.E.2d 905 (People v. Griffin) 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.

Bluebook

People v. Griffin, 401 N.E.2d 905, 48 N.Y.2d 998, 425 N.Y.S.2d 547, 1980 N.Y. LEXIS 2051 (N.Y. 1980).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant and Frederick Cunningham were tried and convicted of two counts of murder in the second degree for the homicide of Anthony Caputo, a service station attendant. Prior to trial, defendant sought unsuccessfully to suppress statements made by him and items of physical evidence taken *1000 from his residence and automobile. Defendant’s motion to sever was also denied.

Initially, in the absence of any contention in this court that the police lacked probable cause to arrest, the warrantless arrest at defendant’s home was proper (People v Payton, 45 NY2d 300, 310-312, probable jurisdiction noted 439 US 1044; see People v Jenkins, 47 NY2d 722). With respect to the voluntariness of defendant’s statements and consent to search, the record contains support for the hearing court’s findings, affirmed by the Appellate Division, that they were knowingly and voluntarily obtained (see People v Glass, 43 NY2d 283; cf. People v Wharton, 46 NY2d 924). Finally, no error was committed in denying defendant’s motion to sever. Any objection based on Bruton v United States (391 US 123) was obviated when the codefendant testified (People v Anthony, 24 NY2d 696).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant and Frederick Cunningham were tried and convicted of two counts of murder in the second degree for the homicide of Anthony Caputo, a service station attendant. Prior to trial, defendant sought unsuccessfully to suppress statements made by him and items of physical evidence taken *1000 from his residence and automobile. Defendant’s motion to sever was also denied.

Initially, in the absence of any contention in this court that the police lacked probable cause to arrest, the warrantless arrest at defendant’s home was proper (People v Payton, 45 NY2d 300, 310-312, probable jurisdiction noted 439 US 1044; see People v Jenkins, 47 NY2d 722). With respect to the voluntariness of defendant’s statements and consent to search, the record contains support for the hearing court’s findings, affirmed by the Appellate Division, that they were knowingly and voluntarily obtained (see People v Glass, 43 NY2d 283; cf. People v Wharton, 46 NY2d 924). Finally, no error was committed in denying defendant’s motion to sever. Any objection based on Bruton v United States (391 US 123) was obviated when the codefendant testified (People v Anthony, 24 NY2d 696).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Bluebook (online)

401 N.E.2d 905, 48 N.Y.2d 998, 425 N.Y.S.2d 547, 1980 N.Y. LEXIS 2051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-griffin-ny-1980.

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