People v. Smith
Cases that cite this one
5 later published cases cite this decision.
- WALKER, KENNEDY D., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- DUNN, ALTON A., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Goodwin (Appellate Division of the Supreme Court of New York 2001)
- People v. Kaufman (Appellate Division of the Supreme Court of New York 2001)
- People v. Sanchez (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [1]), defendant contends that Supreme Court should have suppressed his written statements on the ground that those statements, although preceded by Miranda warnings, were obtained by exploitation of defendant’s earlier oral statement, which the court suppressed on Miranda grounds.
The initial statement was obtained on the street at the time of arrest. Police thereafter informed defendant of his Miranda rights and, after defendant waived those rights, elicited his written confession at the police station beginning about 30 minutes after the arrest. The differences in time (see, People v Dunkley, 200 AD2d 499, 500, lv denied 83 NY2d 87l; People v Hawthorne, 160 AD2d 727, 728-729) and place (see, People v Stackhouse, 160 AD2d 822, 823-824, lv denied 76 NY2d 865; People v Jacobs, 136 AD2d 796, 797) constitute such a “definite, pronounced break in the interrogation that the defendant may be said to have returned, in effect, to the status of one who is not under the influence of questioning” (People v
Case-law data current through September 30, 2026. Source: CourtListener bulk data.