Appellate Division of the Supreme Court of New York, 2001

People v. Stone

Appellate Division of the Supreme Court of New York · Decided May 2, 2001

283 A.D.2d 980; 724 N.Y.S.2d 387; 2001 N.Y. App. Div. LEXIS 4633

Cases that cite this one

3 later published cases cite this decision.

People v. Soroka (Appellate Division of the Supreme Court of New York 2006)
People v. Greene (Appellate Division of the Supreme Court of New York 2002)
People v. Bennett (Appellate Division of the Supreme Court of New York 2002)

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 *981affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his suppression motion. The court properly concluded that defendant was not in custody when he was questioned at the hospital waiting room about the victim’s injuries. Such “noncustodial questioning of a witness is investigative in nature and does not require that the Miranda warnings be given” (People v Stokley, 134 AD2d 542, lv denied 70 NY2d 960; see, People v Hurley, 154 AD2d 617). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Steuben County Court, Furfure, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Wisner, Hurlbutt and Kehoe, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.