People v. Walker

Appellate Division of the Supreme Court of New York

People v. Walker

147 A.D.2d 927, 538 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 1214

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

DecidedFebruary 3, 1989

StatusPublished

This text of 147 A.D.2d 927 (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, 147 A.D.2d 927, 538 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 1214 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: There is ample support in the record for the court’s conclusion that Joseph Tatar, a fellow inmate of defendant at the holding center, was not acting as an agent for the People when he heard defendant’s incriminating statements. Similarly, there is no evidence that Tatar elicited the incriminating statement by his conduct (People v Cardona, 41 NY2d 333, 335; People v Kinder, 75 AD2d 34, 44).

We have reviewed the other arguments raised by defendant on appeal and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Stiller, J. — murder, [928]*928second degree; robbery, second degree.) Present — Doerr, J. P., Boomer, Pine, Balio and Lawton, JJ.

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— Judgment unanimously affirmed. Memorandum: There is ample support in the record for the court’s conclusion that Joseph Tatar, a fellow inmate of defendant at the holding center, was not acting as an agent for the People when he heard defendant’s incriminating statements. Similarly, there is no evidence that Tatar elicited the incriminating statement by his conduct (People v Cardona, 41 NY2d 333, 335; People v Kinder, 75 AD2d 34, 44).

We have reviewed the other arguments raised by defendant on appeal and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Stiller, J. — murder, [928]*928second degree; robbery, second degree.) Present — Doerr, J. P., Boomer, Pine, Balio and Lawton, JJ.

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Bluebook (online)

147 A.D.2d 927, 538 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 1214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-nyappdiv-1989.

Opinion

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