People v. Walker

Appellate Division of the Supreme Court of New York

People v. Walker

86 A.D.2d 539, 447 N.Y.S.2d 674, 1982 N.Y. App. Div. LEXIS 15054

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

DecidedJanuary 14, 1982

StatusPublished

This text of 86 A.D.2d 539 (People v. Walker) 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. Walker, 86 A.D.2d 539, 447 N.Y.S.2d 674, 1982 N.Y. App. Div. LEXIS 15054 (N.Y. Ct. App. 1982).

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Opinion

Judgment of the Supreme Court, New York County (Dennis [540]*540Edwards, Jr., J.), rendered June 13, 1979, convicting the defendant, after a jury trial, of murder in the second degree (felony murder) and sentencing him to an indeterminate term of imprisonment of 20 years to life, is unanimously affirmed. We are not persuaded that the defendant’s statements should have been suppressed inasmuch as the defendant was not in custody. (See People v Cunningham, 49 NY2d 203, 209.) In any event, even if the denial of the suppression of the statements was error, it would have been harmless beyond a reasonable doubt in view of the overwhelming evidence of guilt. (See People v Middleton, 76 AD2d 762, affd 54 NY2d 42.) We do not deem it necessary to discuss the other claims of error as, in our view, they do not have sufficient merit to warrant reversal. Concur — Kupferman, J. P., Sandler, Carro and Markewich, JJ.

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Judgment of the Supreme Court, New York County (Dennis [540]*540Edwards, Jr., J.), rendered June 13, 1979, convicting the defendant, after a jury trial, of murder in the second degree (felony murder) and sentencing him to an indeterminate term of imprisonment of 20 years to life, is unanimously affirmed. We are not persuaded that the defendant’s statements should have been suppressed inasmuch as the defendant was not in custody. (See People v Cunningham, 49 NY2d 203, 209.) In any event, even if the denial of the suppression of the statements was error, it would have been harmless beyond a reasonable doubt in view of the overwhelming evidence of guilt. (See People v Middleton, 76 AD2d 762, affd 54 NY2d 42.) We do not deem it necessary to discuss the other claims of error as, in our view, they do not have sufficient merit to warrant reversal. Concur — Kupferman, J. P., Sandler, Carro and Markewich, JJ.

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Bluebook (online)

86 A.D.2d 539, 447 N.Y.S.2d 674, 1982 N.Y. App. Div. LEXIS 15054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-nyappdiv-1982.

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