People v. Stone

Appellate Division of the Supreme Court of New York

People v. Stone

283 A.D.2d 980, 724 N.Y.S.2d 387, 2001 N.Y. App. Div. LEXIS 4633

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

DecidedMay 2, 2001

StatusPublished

Cited by3 cases

This text of 283 A.D.2d 980 (People v. Stone) 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. Stone, 283 A.D.2d 980, 724 N.Y.S.2d 387, 2001 N.Y. App. Div. LEXIS 4633 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unanimously [981]*981affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his suppression motion. The court properly concluded that defendant was not in custody when he was questioned at the hospital waiting room about the victim’s injuries. Such “noncustodial questioning of a witness is investigative in nature and does not require that the Miranda warnings be given” (People v Stokley, 134 AD2d 542, lv denied 70 NY2d 960; see, People v Hurley, 154 AD2d 617). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Steuben County Court, Furfure, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Wisner, Hurlbutt and Kehoe, JJ.

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—Judgment unanimously [981]*981affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his suppression motion. The court properly concluded that defendant was not in custody when he was questioned at the hospital waiting room about the victim’s injuries. Such “noncustodial questioning of a witness is investigative in nature and does not require that the Miranda warnings be given” (People v Stokley, 134 AD2d 542, lv denied 70 NY2d 960; see, People v Hurley, 154 AD2d 617). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Steuben County Court, Furfure, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Wisner, Hurlbutt and Kehoe, JJ.

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Bluebook (online)

283 A.D.2d 980, 724 N.Y.S.2d 387, 2001 N.Y. App. Div. LEXIS 4633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stone-nyappdiv-2001.

Opinion

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