New York Court of Appeals, 1980

People v. Roucchio

New York Court of Appeals · Decided December 18, 1980

52 N.Y.2d 759; 417 N.E.2d 1000; 436 N.Y.S.2d 612; 1980 N.Y. LEXIS 2856

Cases that cite this one

3 later published cases cite this decision.

People v. Gonzales (N.Y. 1990)
People v. Hopkins (N.Y. 1983)
People v. Washington (Appellate Division of the Supreme Court of New York 1981)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division agreed with the suppression court that defendant’s inculpatory statement was spontaneously made. On this record, it cannot be said as a matter of law that the statement was not a spontaneous outburst, unprompted by police conduct. Accordingly,, suppression was not required (cf. People v Rogers, 48 NY2d 167, 174; People v Maerling, 46 NY2d 289, 301-302; see, also, People v Lynes, 49 NY2d 286, 294; People v Kaye, 25 NY2d 139). We have considered defendant’s other points and find no reversible error.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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