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People v. Brooks

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1986
121 A.D.2d 392 (N.Y. App. Div. 1986)

Summary

In Brooks the court found that the defendant had a full opportunity to challenge the admissibility of the statement at a Huntley hearing.

Summary of this case from People v. Olds

Opinion

June 2, 1986

Appeal from the County Court, Suffolk County (Tisch, J.).


Judgment affirmed.

The alleged inadequacy of the People's notice pursuant to CPL 710.30 did not require exclusion of the defendant's statements under the circumstances at bar. The defendant received notice of the sum and substance of the statement and had a full opportunity to challenge the admissibility of the statement at the Huntley hearing, after which that branch of his motion which was to suppress his statements was denied (see, People v. Swanton, 107 A.D.2d 829; People v. Whitaker, 106 A.D.2d 594; People v. Bennett, 80 A.D.2d 68, affd 56 N.Y.2d 837).

With respect to the issue of deception in obtaining the defendant's confession, we conclude that the conduct of the police officer was not so egregious as to render the confession involuntary (see, People v. Tarsia, 50 N.Y.2d 1; People v. Boone, 22 N.Y.2d 476, cert denied sub nom. Brandon v. New York, 393 U.S. 991; People v. McQueen, 18 N.Y.2d 337). Mangano, J.P., Gibbons, Niehoff and Spatt, JJ., concur.


Summaries of

People v. Brooks

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1986
121 A.D.2d 392 (N.Y. App. Div. 1986)

In Brooks the court found that the defendant had a full opportunity to challenge the admissibility of the statement at a Huntley hearing.

Summary of this case from People v. Olds
Case details for

People v. Brooks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD BROOKS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 2, 1986

Citations

121 A.D.2d 392 (N.Y. App. Div. 1986)

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