People v. Morillo

Appellate Division of the Supreme Court of New York

People v. Morillo

225 A.D.2d 479, 639 N.Y.2d 921, 639 N.Y.S.2d 921, 1996 N.Y. App. Div. LEXIS 3093

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

DecidedMarch 26, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 479 (People v. Morillo) 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. Morillo, 225 A.D.2d 479, 639 N.Y.2d 921, 639 N.Y.S.2d 921, 1996 N.Y. App. Div. LEXIS 3093 (N.Y. Ct. App. 1996).

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Opinion

Defendant’s contention that the police improperly used his mother and sister "as their agents to coax [him] into speaking” is without merit, since the record indicates that defendant’s spontaneous incriminating statement was the result of a voluntary change of mind (People v Kinnard, 62 NY2d 910), not police action involving the use of his relatives. While the detective had commented to the relatives that defendant "should try to help himself in cooperating”, there is no indication that defendant’s relatives conveyed the detective’s suggestion to defendant. We perceive no abuse of discretion in sentencing. [480]*480Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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Defendant’s contention that the police improperly used his mother and sister "as their agents to coax [him] into speaking” is without merit, since the record indicates that defendant’s spontaneous incriminating statement was the result of a voluntary change of mind (People v Kinnard, 62 NY2d 910), not police action involving the use of his relatives. While the detective had commented to the relatives that defendant "should try to help himself in cooperating”, there is no indication that defendant’s relatives conveyed the detective’s suggestion to defendant. We perceive no abuse of discretion in sentencing. [480]*480Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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Bluebook (online)

225 A.D.2d 479, 639 N.Y.2d 921, 639 N.Y.S.2d 921, 1996 N.Y. App. Div. LEXIS 3093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morillo-nyappdiv-1996.

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