People v. Parker
Cases that cite this one
12 later published cases cite this decision.
- People v. Rucker (Appellate Division of the Supreme Court of New York 2018)
- People v. Williams (Appellate Division of the Supreme Court of New York 2017)
- People v. Rossi (Appellate Division of the Supreme Court of New York 2012)
- People v. Rossi (Appellate Division of the Supreme Court of New York 2012)
- People v. Jenkins (Appellate Division of the Supreme Court of New York 2012)
- People v. Jenkins (Appellate Division of the Supreme Court of New York 2012)
- People v. Liggins (Appellate Division of the Supreme Court of New York 2009)
- People v. Washington (Appellate Division of the Supreme Court of New York 2007)
- People v. Burnett (Appellate Division of the Supreme Court of New York 2007)
- People v. Bower (Appellate Division of the Supreme Court of New York 2006)
- People v. Ellis (Appellate Division of the Supreme Court of New York 2004)
- People v. Coleman (Appellate Division of the Supreme Court of New York 2004)
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
Appeal from a judgment of Supreme Court, Monroe County (Fisher, J.), entered June 21, 2001, convicting defendant upon his plea of guilty of criminal possession of a weapon in the third degree (two counts).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of criminal possession of a weapon in the third degree (Penal Law
We reject the further contention of defendant that the court erred in denying that part of his motion to suppress two statements he made to the police. When a police investigator informed defendant that two guns had been found in his residence, defendant admitted that the guns were his. Although defendant made that statement while in police custody and before he was advised of his Miranda rights, defendant’s statement was spontaneous and not in response to police questioning or its functional equivalent. The statement by the investigator concerning the discovery of the guns was “not such that the police [investigator] should have reasonably anticipated that [it] would evoke the defendant’s self-incriminating response” (People v Webb, 224 AD2d 464, 465, lv denied 88 NY2d 943; see People v Allnutt, 148 AD2d 993, 993-994, lv denied 74 NY2d 736; United States v Payne, 954 F2d 199, 201-203, cert denied 503 US 988). Thus, contrary to the contention of defendant, there is no basis to suppress his second statement, made at the police station after he was advised of his Miranda rights and waived them (see generally People v Bethea, 67 NY2d 364, 367; People v Chappie, 38 NY2d 112, 114-115). Present — Green, J.P., Hayes, Scudder, Gorski and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.