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People v. Witherspoon

105 A.D.2d 1066, 482 N.Y.S.2d 632, 1984 N.Y. App. Div. LEXIS 21145
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 7, 1984
StatusPublished

This text of 105 A.D.2d 1066 (People v. Witherspoon) 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. Witherspoon, 105 A.D.2d 1066, 482 N.Y.S.2d 632, 1984 N.Y. App. Div. LEXIS 21145 (N.Y. Ct. App. 1984).

Opinion

Judgment unanimously affirmed. Memorandum: Defendant’s statements were voluntary and not, as defendant asserts, improperly induced by misleading police comments (People v Tarsia, 50 NY2d 1; People v Yerdon, 51 AD2d 875; People v Rittenhouse, 37 AD2d 866). Additionally, since defendant failed to raise a factual issue regarding a violation of his Miranda rights by the arresting officers, there was no burden on the People to produce those officers at the suppression hearing (cf. People v McGregor, 84 AD2d 610). (Appeal from judgment of Monroe County Court, Mark, J. — burglary, third degree, and other charges.) Present — Dillon, P. J., Callahan, Doerr, Denman and O’Donnell, JJ.

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Related

People v. Tarsia
405 N.E.2d 188 (New York Court of Appeals, 1980)
People v. Rittenhouse
37 A.D.2d 866 (Appellate Division of the Supreme Court of New York, 1971)
People v. Yerdon
51 A.D.2d 875 (Appellate Division of the Supreme Court of New York, 1976)
People v. McGregor
84 A.D.2d 610 (Appellate Division of the Supreme Court of New York, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
105 A.D.2d 1066, 482 N.Y.S.2d 632, 1984 N.Y. App. Div. LEXIS 21145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-witherspoon-nyappdiv-1984.