People v. Salamone

Appellate Division of the Supreme Court of New York

People v. Salamone

158 A.D.2d 915, 551 N.Y.S.2d 80, 1990 N.Y. App. Div. LEXIS 1408

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

DecidedFebruary 2, 1990

StatusPublished

This text of 158 A.D.2d 915 (People v. Salamone) 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. Salamone, 158 A.D.2d 915, 551 N.Y.S.2d 80, 1990 N.Y. App. Div. LEXIS 1408 (N.Y. Ct. App. 1990).

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Opinion

We affirm the denial of defendant’s motion to suppress statements made at the police station. Defendant telephoned police and made arrangements to speak with them at the station. At an arranged time, officers in plain clothes met defendant at his grandmother’s residence. Defendant told his grandmother he would return in a few minutes and then voluntarily accompanied police in their unmarked car. He was not handcuffed or restrained in any way, and police gave no indication that he was not free to go. Defendant was advised of his Miranda rights at the station, voluntarily waived those rights and made an oral statement that was reduced to a writing. Defendant then voluntarily signed the written statement. Under the circumstances, defendant was not in custody when the statements were made (see, People v Anderson, 145 AD2d 939, lv denied 73 NY2d 974; People v Ribble, 77 AD2d 814), and suppression should have been denied upon that ground (see, People v Bertolo, 65 NY2d 111, 116). (Appeal from judgment of Monroe County Court, Maloy, J. — manslaughter, second degree.) Present — Dillon, P. J., Denman, Green, Balio and Lawton, JJ.

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We affirm the denial of defendant’s motion to suppress statements made at the police station. Defendant telephoned police and made arrangements to speak with them at the station. At an arranged time, officers in plain clothes met defendant at his grandmother’s residence. Defendant told his grandmother he would return in a few minutes and then voluntarily accompanied police in their unmarked car. He was not handcuffed or restrained in any way, and police gave no indication that he was not free to go. Defendant was advised of his Miranda rights at the station, voluntarily waived those rights and made an oral statement that was reduced to a writing. Defendant then voluntarily signed the written statement. Under the circumstances, defendant was not in custody when the statements were made (see, People v Anderson, 145 AD2d 939, lv denied 73 NY2d 974; People v Ribble, 77 AD2d 814), and suppression should have been denied upon that ground (see, People v Bertolo, 65 NY2d 111, 116). (Appeal from judgment of Monroe County Court, Maloy, J. — manslaughter, second degree.) Present — Dillon, P. J., Denman, Green, Balio and Lawton, JJ.

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Bluebook (online)

158 A.D.2d 915, 551 N.Y.S.2d 80, 1990 N.Y. App. Div. LEXIS 1408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salamone-nyappdiv-1990.

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