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People v. Waymer

425 N.E.2d 878, 53 N.Y.2d 1053, 442 N.Y.S.2d 490, 1981 N.Y. LEXIS 2570
CourtNew York Court of Appeals
DecidedJune 11, 1981
StatusPublished
Cited by12 cases

This text of 425 N.E.2d 878 (People v. Waymer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Waymer, 425 N.E.2d 878, 53 N.Y.2d 1053, 442 N.Y.S.2d 490, 1981 N.Y. LEXIS 2570 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s contention that the second confession should have been suppressed as the tainted fruit of the first (see People v Chappie, 38 NY2d 112) must be rejected. Custody is a factual question (see, e.g., People v Albro, 52 NY2d 619). But Criminal Term, in suppressing the first statement, based its decision solely on “the interest [s] of justice”. While it, of course, is possible that the court thereby intended to indicate that it had made a factual finding to that effect, it did not say so. Absent such an express finding, there was no basis for concluding that the Miranda warnings were mandated until the defendant had been placed under arrest and the second interrogation commenced (People v Yukl, 26 NY2d 585), at which time, concededly they were administered.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Bluebook (online)
425 N.E.2d 878, 53 N.Y.2d 1053, 442 N.Y.S.2d 490, 1981 N.Y. LEXIS 2570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-waymer-ny-1981.