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1
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OPINION
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EXTRACTED KEY WORDS
APPELLANT MEMORANDUM COURT JUDGE ANDREA HIRSCH ROBERT MOORE APPELLATE DIVISION CUSTODIAL INTERROGATION RULING ADETERMINATION MIXED QUESTION LAW INASMUCH SUPPORT DETERMINATION REVIEW DEFENDANT POLICE OFFICER ADMISSIBLE DESPITE PRIOR MIRANDA WARNINGS CHIEF JUDGE KAYE JUDGES TITONE BELLACOSA SMITH LEVINE CIPARICK WESLEY CONCUR |
THE PEOPLE &C., RESPONDENT, v. SANTOS CRUZ, APPELLANT.
90 N.Y.2d 961, 687 N.E.2d 1329, 665 N.Y.S.2d 46 (1997).
October 16, 1997
1 No. 193
(97 NY Int. 0154)
Decided October 16, 1997
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Andrea G. Hirsch, for appellant.
Robert L. Moore, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
That court specifically affirmed the hearing court's finding that
defendant's statements were not the product of custodial
interrogation. The court's ruling constitutes adetermination on a
mixed question of law and fact and, inasmuch as there is support in
the record for the determination, it is beyond further review by this
Court. Thus, the statements made by defendant in response to the
questions of a police officer on the street were admissible despite
the lack of prior Miranda warnings.
* * * * * * * * * * * * * * * * *
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone,
Bellacosa, Smith, Levine, Ciparick and Wesley concur.
Decided October 16, 1997
SNIPPETS:
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