People v. Walker

Appellate Division of the Supreme Court of New York

People v. Walker

235 A.D.2d 262, 652 N.Y.S.2d 274, 1997 N.Y. App. Div. LEXIS 214

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

DecidedJanuary 14, 1997

StatusPublished

Cited by3 cases

This text of 235 A.D.2d 262 (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, 235 A.D.2d 262, 652 N.Y.S.2d 274, 1997 N.Y. App. Div. LEXIS 214 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, Bronx County (John Collins, J., at Huntley hearing; John Moore, J., at sentencing), rendered September 23, 1994, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the third degree, and sentencing him to a term of 1½ to 4½ years, unanimously affirmed.

The court properly found that, under the " ' "totality of the circumstances” ’ ”, defendant’s statement was voluntary and therefore admissible (People v Anderson, 42 NY2d 35, 39). Defendant acknowledged that he understood his rights and was willing to answer questions. Defendant was alert and coherent during the interview (see, People v Del Rosario, 210 AD2d 72, lv denied 84 NY2d 1030), despite the injuries he sustained in a car crash. Furthermore, defendant never asked for medication, a doctor, an interpreter, or for the interview to end. The court properly concluded that defendant’s physical injuries did not interfere with his making a voluntary statement.

There is no merit to defendant’s contention that the integrity of the Grand Jury proceedings was impaired by the presence of a second Assistant District Attorney who was present for observational purposes (see, People v Molina, 203 AD2d 486, lv denied 87 NY2d 975). Concur—Ellerin, J. P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.

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Judgment, Supreme Court, Bronx County (John Collins, J., at Huntley hearing; John Moore, J., at sentencing), rendered September 23, 1994, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the third degree, and sentencing him to a term of 1½ to 4½ years, unanimously affirmed.

The court properly found that, under the " ' "totality of the circumstances” ’ ”, defendant’s statement was voluntary and therefore admissible (People v Anderson, 42 NY2d 35, 39). Defendant acknowledged that he understood his rights and was willing to answer questions. Defendant was alert and coherent during the interview (see, People v Del Rosario, 210 AD2d 72, lv denied 84 NY2d 1030), despite the injuries he sustained in a car crash. Furthermore, defendant never asked for medication, a doctor, an interpreter, or for the interview to end. The court properly concluded that defendant’s physical injuries did not interfere with his making a voluntary statement.

There is no merit to defendant’s contention that the integrity of the Grand Jury proceedings was impaired by the presence of a second Assistant District Attorney who was present for observational purposes (see, People v Molina, 203 AD2d 486, lv denied 87 NY2d 975). Concur—Ellerin, J. P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.

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Bluebook (online)

235 A.D.2d 262, 652 N.Y.S.2d 274, 1997 N.Y. App. Div. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-nyappdiv-1997.

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