People v. Symes

Appellate Division of the Supreme Court of New York

People v. Symes

111 A.D.2d 417, 489 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 51512

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

DecidedMay 28, 1985

StatusPublished

Cited by1 cases

This text of 111 A.D.2d 417 (People v. Symes) 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. Symes, 111 A.D.2d 417, 489 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 51512 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered January 20, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The court properly admitted defendant’s statements into evidence. The evidence at the pretrial hearing established that defendant was fully advised of his rights, and voluntarily accompanied the police to headquarters. The record supports the finding that defendant was not placed in custody until after his [418]*418polygraph test was over and he had made his inculpatory statements. Accordingly, suppression was not warranted (see, People v Yukl, 25 NY2d 585).

Defendant’s other contentions have been considered and found to be without merit. Lazer, J. P., Thompson, O’Connor and Niehoff, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered January 20, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The court properly admitted defendant’s statements into evidence. The evidence at the pretrial hearing established that defendant was fully advised of his rights, and voluntarily accompanied the police to headquarters. The record supports the finding that defendant was not placed in custody until after his [418]*418polygraph test was over and he had made his inculpatory statements. Accordingly, suppression was not warranted (see, People v Yukl, 25 NY2d 585).

Defendant’s other contentions have been considered and found to be without merit. Lazer, J. P., Thompson, O’Connor and Niehoff, JJ., concur.

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Bluebook (online)

111 A.D.2d 417, 489 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 51512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-symes-nyappdiv-1985.

Opinion

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