People v. Royfe

Appellate Division of the Supreme Court of New York

People v. Royfe

124 A.D.2d 838, 508 N.Y.S.2d 556, 1986 N.Y. App. Div. LEXIS 62174

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

DecidedNovember 24, 1986

StatusPublished

This text of 124 A.D.2d 838 (People v. Royfe) 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. Royfe, 124 A.D.2d 838, 508 N.Y.S.2d 556, 1986 N.Y. App. Div. LEXIS 62174 (N.Y. Ct. App. 1986).

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Opinion

The defendant’s initial incriminating statement to the arresting officer, to the effect that setting the fire was not his [839]*839idea, and that he was only helping his friend, was made spontaneously, without any provocation or interrogation by the police. His later explanation as to why the fire was set, was also made without provocation or questioning by the police. The conduct of the police could not reasonably have been anticipated to evoke a declaration from the defendant (see, People v Lynes, 49 NY2d 286, 295). Therefore, both of these statements were properly deemed admissible. Mollen, P. J., Brown, Niehoff and Hooper, JJ., concur.

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The defendant’s initial incriminating statement to the arresting officer, to the effect that setting the fire was not his [839]*839idea, and that he was only helping his friend, was made spontaneously, without any provocation or interrogation by the police. His later explanation as to why the fire was set, was also made without provocation or questioning by the police. The conduct of the police could not reasonably have been anticipated to evoke a declaration from the defendant (see, People v Lynes, 49 NY2d 286, 295). Therefore, both of these statements were properly deemed admissible. Mollen, P. J., Brown, Niehoff and Hooper, JJ., concur.

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Bluebook (online)

124 A.D.2d 838, 508 N.Y.S.2d 556, 1986 N.Y. App. Div. LEXIS 62174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-royfe-nyappdiv-1986.

Opinion

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