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People v. Roucchio

417 N.E.2d 1000, 52 N.Y.2d 759, 436 N.Y.S.2d 612, 1980 N.Y. LEXIS 2856
CourtNew York Court of Appeals
DecidedDecember 18, 1980
StatusPublished
Cited by3 cases

This text of 417 N.E.2d 1000 (People v. Roucchio) 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. Roucchio, 417 N.E.2d 1000, 52 N.Y.2d 759, 436 N.Y.S.2d 612, 1980 N.Y. LEXIS 2856 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division agreed with the suppression court that defendant’s inculpatory statement was spontaneously made. On this record, it cannot be said as a matter of law that the statement was not a spontaneous outburst, unprompted by police conduct. Accordingly,, suppression was not required (cf. People v Rogers, 48 NY2d 167, 174; People v Maerling, 46 NY2d 289, 301-302; see, also, People v Lynes, 49 NY2d 286, 294; People v Kaye, 25 NY2d 139). We have considered defendant’s other points and find no reversible error.

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

Order affirmed in a memorandum.

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Related

People v. Gonzales
554 N.E.2d 1269 (New York Court of Appeals, 1990)
People v. Hopkins
449 N.E.2d 419 (New York Court of Appeals, 1983)
People v. Washington
84 A.D.2d 938 (Appellate Division of the Supreme Court of New York, 1981)

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Bluebook (online)
417 N.E.2d 1000, 52 N.Y.2d 759, 436 N.Y.S.2d 612, 1980 N.Y. LEXIS 2856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roucchio-ny-1980.