People v. White

886 N.E.2d 156, 10 N.Y.3d 286, 856 N.Y.S.2d 534
CourtNew York Court of Appeals
DecidedMarch 20, 2008
StatusPublished
Cited by66 cases

This text of 886 N.E.2d 156 (People v. White) 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. White, 886 N.E.2d 156, 10 N.Y.3d 286, 856 N.Y.S.2d 534 (N.Y. 2008).

Opinions

[288]*288OPINION OF THE COURT

Cipabick, J.

This appeal requires us to determine whether defendant’s post -Miranda statements made to the police after being subjected to a brief period of un-Mirandized custodial interrogation, or its functional equivalent, should have been suppressed. Under the circumstances of this case, we conclude that suppression was not required and the post -Miranda statements were properly received in evidence.

Facts

The evidence at trial reveals that on June 1, 2002, at approximately 8:30 p.m., defendant Gary White shot and killed Albert Hansen on Flatbush Avenue in Brooklyn. Detectives Frank Byrne and Robert Sommer were assigned to investigate the shooting. A week later, on June 9, 2002, at approximately 2:00 a.m., Police Officer Joseph Conde, responding to an unrelated domestic violence complaint made by defendant’s girlfriend, arrested defendant. At the time of defendant’s arrest, he was intoxicated. Defendant’s girlfriend advised Conde that defendant was involved in the Flatbush Avenue shooting. She described a construction area that corresponded to the location where Hansen had been shot twice in the head. Later that morning, Conde informed Byrne that defendant’s girlfriend had implicated White in the Flatbush Avenue shooting. Byrne then brought defendant’s girlfriend to the precinct to confirm the allegation.

That evening, at approximately 7:30 p.m., after spending over 17 hours in a holding cell (much of it sleeping) defendant was placed in a lineup. The only witness to the shooting was a female companion who had been walking alongside the victim when the shooting occurred, and she was unable to identify defendant from the lineup. At approximately 9:30 p.m., defendant was brought to an office for questioning by the detectives. Once there, defendant inquired why he had been placed into a lineup. In response, Sommer produced a computer generated arrest photograph of the victim. Defendant responded, “What about him?” Byrne stated “he was killed, and he was either killed in cold blood, or there was a reason for it.” Defendant was then asked whether he would “like to tell his side of the story,” and he responded, “I’ll tell you everything. Get me Newports and a Pepsi.” This initial exchange took approximately five minutes without any Miranda warnings.

[289]*289Byrne then left the office to procure the requested items while Sommer remained with defendant, engaging in small talk. Byrne returned 15 to 20 minutes later and allowed defendant to drink his soda and smoke a cigarette. At approximately 10:00 p.m., Byrne read defendant his Miranda rights from a card. Defendant acknowledged that he understood his rights and signed and dated the card. Defendant also indicated his willingness to speak with the detectives.

Initially, defendant’s statements as to his whereabouts on the day of the shooting were exculpatory. Defendant told the detectives that, on that date, he was in Queens visiting a friend from 7:30 p.m. until the next morning. The detectives explained to defendant that they knew his alibi was fabricated and that he should tell the truth.

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Cite This Page — Counsel Stack

Bluebook (online)
886 N.E.2d 156, 10 N.Y.3d 286, 856 N.Y.S.2d 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-white-ny-2008.