New York Court of Appeals, 1992

People v. Nunez

People v. Nunez
New York Court of Appeals · Decided July 2, 1992
80 N.Y.2d 858; 587 N.Y.S.2d 899; 600 N.E.2d 626; 1992 N.Y. LEXIS 1626

Counsel

APPEARANCES OF COUNSEL, David Seth Michaels for appellant., Paul Czajka, District Attorney (Henry Neal Conolly of counsel), for respondent.

People v. Nunez

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed. The determination that a defendant validly waived the constitutional right to remain silent resolves a mixed question of law and fact, and is not subject to further review in this Court where, as here, it is supported by evidence in the record (see, People v Harrison, 57 NY2d 470).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa.

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