Appellate Division of the Supreme Court of New York, 2011

People v. Holmes

People v. Holmes
Appellate Division of the Supreme Court of New York · Decided March 3, 2011
82 A.D.3d 441; 917 N.Y.2d 863
People v. Holmes

Cases that cite this one

3 later published cases cite this decision.

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

The court properly denied defendant’s motion to suppress his statements to the police and his videotaped statement. There was no need for the police to repeat previously administered Miranda warnings before reinterviewing defendant. The second interview came within a reasonable time after the initial warnings, and custody had remained continuous (see People v Gauger, 268 AD2d 386 [2000], lv denied 95 NY2d 852 [2000]). The length and circumstances of defendant’s custody were not unduly coercive. Furthermore, defendant’s statement reveals that, after realizing he had been picked out of a lineup, he freely decided to *442retract his prior exculpatory statements and admit his guilt. Concur — Mazzarelli, J.P., Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.

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