People v. Morse

Appellate Division of the Supreme Court of New York

People v. Morse

271 A.D.2d 702, 707 N.Y.S.2d 855, 2000 N.Y. App. Div. LEXIS 4470

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

DecidedApril 24, 2000

StatusPublished

This text of 271 A.D.2d 702 (People v. Morse) 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. Morse, 271 A.D.2d 702, 707 N.Y.S.2d 855, 2000 N.Y. App. Div. LEXIS 4470 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by the defendant from a judgment of the Supreme . Court, Kings County (Y. Lewis, J.), rendered March 26, 1998, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements he made to law enforcement authorities.

Ordered that the judgment is affirmed.

The defendant uttered an inculpatory statement immediately after a detective read the Miranda warnings and informed him that he was arrested for carjacking (see, Miranda v Arizona, 384 US 436). The detective’s brief, declarative statement cannot reasonably be construed as likely to elicit an incriminating response (see, People v Porter, 251 AD2d 601; People v Zanders, 241 AD2d 531; People v McAdoo, 166 AD2d 674). Thus, the hearing court properly determined that the defendant’s statement was voluntary and spontaneous. O’Brien, J. P., Thompson, S. Miller and H. Miller, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme . Court, Kings County (Y. Lewis, J.), rendered March 26, 1998, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements he made to law enforcement authorities.

Ordered that the judgment is affirmed.

The defendant uttered an inculpatory statement immediately after a detective read the Miranda warnings and informed him that he was arrested for carjacking (see, Miranda v Arizona, 384 US 436). The detective’s brief, declarative statement cannot reasonably be construed as likely to elicit an incriminating response (see, People v Porter, 251 AD2d 601; People v Zanders, 241 AD2d 531; People v McAdoo, 166 AD2d 674). Thus, the hearing court properly determined that the defendant’s statement was voluntary and spontaneous. O’Brien, J. P., Thompson, S. Miller and H. Miller, JJ., concur.

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Bluebook (online)

271 A.D.2d 702, 707 N.Y.S.2d 855, 2000 N.Y. App. Div. LEXIS 4470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morse-nyappdiv-2000.

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