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PEOPLE v NUNEZ Click to find out why . . .



Keywords & Phrases
CourtCode: AP, CourtName: NEW YORK COURT OF APPEALS, Plaintiff: PEOPLE, State: NEW YORK, UniqueCaseRef: NE>AP>080_0858, Respondent, Appellant, Review, Judge, Juan, Johnny, Nunez, Ssm, Memorandum, Publication, York Reports, David Seth Michaels, Submissions Pursuant, Determination, Silent Resolves, Mixed Question, Evidence, Harrison, Ny2d, Chief Judge Wachtler, Judges Simons, Kaye, Titone, Hancock, Bellacosa Concur , ContentID: 120248999

Case Documents
1 1992-07-02 OPINION
[ see first page and extracted highlights below  ] ItemID: 120909
1 pages
HTML
Total Documents: 1 document , 1 page.    CAUTION.    PLEASE NOTE THAT THIS IS A ONE PAGE CASE.
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1 . OPINION

EXTRACTED KEY WORDS
APPELLANT
REVIEW
JUDGE
JUAN
JOHNNY
NUNEZ
SSM
MEMORANDUM
PUBLICATION
YORK REPORTS
DAVID SETH MICHAELS
SUBMISSIONS PURSUANT
DETERMINATION
SILENT RESOLVES
MIXED QUESTION
LAW
COURT
EVIDENCE
HARRISON
NY2D
CHIEF JUDGE WACHTLER
JUDGES SIMONS
KAYE
TITONE
HANCOCK
BELLACOSA CONCUR


  THE PEOPLE &C., RESPONDENT, v. JUAN "JOHNNY" NUNEZ, APPELLANT.

    80 N.Y.2d 858, 600 N.E.2d 626, 587 N.Y.S.2d 899 (1992).
    July 2, 1992

   3 No. 225 SSM 34
   Decided July 2, 1992
     _________________________________________________________________

   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.

   Submitted by David Seth Michaels, for Appellant.
   Submitted by Henry Neal Conolly, for Respondent.

   * * * * * * * * * * * * * * * * *

   On review of submissions pursuant to section 500.4 of the Rules, order
   affirmed. The determination that a defendant validly waived his
   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). Chief Judge Wachtler and Judges Simons, Kaye,
   Titone, Hancock and Bellacosa concur.
SNIPPETS:
  • THE PEOPLE &C., RESPONDENT, v. JUAN "JOHNNY" NUNEZ, APPELLANT.
  • No. 225 SSM 34 Decided July 2,
  • This memorandum is uncorrected and subject to revision before publication in the New York
  • Submitted by David Seth Michaels,
  • On review of submissions pursuant to section 500.4 of the Rules,
  • The determination that a defendant validly waived his constitutional right to remain silent
  • Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.
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