People v. Hemphill

Appellate Division of the Supreme Court of New York

People v. Hemphill

298 A.D.2d 159, 748 N.Y.S.2d 240, 2002 N.Y. App. Div. LEXIS 9474

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

DecidedOctober 8, 2002

StatusPublished

This text of 298 A.D.2d 159 (People v. Hemphill) 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. Hemphill, 298 A.D.2d 159, 748 N.Y.S.2d 240, 2002 N.Y. App. Div. LEXIS 9474 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered July 1, 1999, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 21 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The People satisfied their burden of proving that defendant’s statements were voluntary (see People v Anderson, 42 NY2d 35, 38). The police were not required to administer Miranda warnings more than once (see People v Encarnacion, 259 AD2d 309, lv denied 94 NY2d 860). Defendant’s free will was not affected by his movement between precincts for legitimate investigative purposes. The use of a ruse was not so egregious as to render defendant’s statements involuntary (see People v Tarsia, 50 NY2d 1, 11). The delay in defendant’s arraignment did not violate his right to counsel or affect the voluntariness of his statements (see People v Hopkins, 58 NY2d 1079). The police were not required to take defendant to central booking immediately after he was identified at a lineup, but were entitled to a reasonable time to continue their investigation by questioning defendant further (see People v Haywood, 280 AD2d 282, lv denied 97 NY2d 641). Concur — Andrias, J.P., Saxe, Buckley and Lerner, JJ.

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Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered July 1, 1999, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 21 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The People satisfied their burden of proving that defendant’s statements were voluntary (see People v Anderson, 42 NY2d 35, 38). The police were not required to administer Miranda warnings more than once (see People v Encarnacion, 259 AD2d 309, lv denied 94 NY2d 860). Defendant’s free will was not affected by his movement between precincts for legitimate investigative purposes. The use of a ruse was not so egregious as to render defendant’s statements involuntary (see People v Tarsia, 50 NY2d 1, 11). The delay in defendant’s arraignment did not violate his right to counsel or affect the voluntariness of his statements (see People v Hopkins, 58 NY2d 1079). The police were not required to take defendant to central booking immediately after he was identified at a lineup, but were entitled to a reasonable time to continue their investigation by questioning defendant further (see People v Haywood, 280 AD2d 282, lv denied 97 NY2d 641). Concur — Andrias, J.P., Saxe, Buckley and Lerner, JJ.

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Bluebook (online)

298 A.D.2d 159, 748 N.Y.S.2d 240, 2002 N.Y. App. Div. LEXIS 9474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hemphill-nyappdiv-2002.

Opinion

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