People v. Simpson

Appellate Division of the Supreme Court of New York

People v. Simpson

190 A.D.2d 593, 593 N.Y.S.2d 793, 1993 N.Y. App. Div. LEXIS 1547

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

DecidedFebruary 18, 1993

StatusPublished

This text of 190 A.D.2d 593 (People v. Simpson) 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. Simpson, 190 A.D.2d 593, 593 N.Y.S.2d 793, 1993 N.Y. App. Div. LEXIS 1547 (N.Y. Ct. App. 1993).

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Opinion

— Judgment, Supreme Court, New York County (Alvin Schlesinger, J., at suppression hearing and plea; Clifford Scott, J., at sentence), rendered July 10, 1991, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a prison term of 2 to 4 years, unanimously affirmed.

Contrary to defendant’s contention, his statements were not the product of custodial interrogation. Defendant, who with his accomplice had been handcuffed, spoke up upon hearing a police officer question the superintendent as to whether defendant was on the premises with his permission. Defendant was not induced or provoked into challenging the superintendent’s account. Concur — Murphy, P. J., Carro, Kupferman, Asch and Kassal, JJ.

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— Judgment, Supreme Court, New York County (Alvin Schlesinger, J., at suppression hearing and plea; Clifford Scott, J., at sentence), rendered July 10, 1991, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a prison term of 2 to 4 years, unanimously affirmed.

Contrary to defendant’s contention, his statements were not the product of custodial interrogation. Defendant, who with his accomplice had been handcuffed, spoke up upon hearing a police officer question the superintendent as to whether defendant was on the premises with his permission. Defendant was not induced or provoked into challenging the superintendent’s account. Concur — Murphy, P. J., Carro, Kupferman, Asch and Kassal, JJ.

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Bluebook (online)

190 A.D.2d 593, 593 N.Y.S.2d 793, 1993 N.Y. App. Div. LEXIS 1547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simpson-nyappdiv-1993.