From Casetext: Smarter Legal Research

People v. Kircher

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 285 (N.Y. App. Div. 1987)

Opinion

November 2, 1987

Appeal from the County Court, Nassau County (Boklan, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the police had reasonable cause to arrest her. The defendant called the police to state she had "stuck" someone with a knife, and upon meeting with the police officer sent to speak with her, she immediately waived her Miranda rights and confessed to a crime, upon which the officer was authorized to arrest the defendant (see, CPL 140.10 [b]). Giving the appellant Miranda warnings when the encounter began did not indicate that she was then in custody (see, People v. Oates, 104 A.D.2d 907).

At no time in the course of her interrogation did the defendant display any reluctance to speak, and there was no evidence that her confession was involuntary. The evidence does not indicate that the appellant was illegally isolated from her parents. Neither she nor her parents attempted to contact each other, and, in fact, the police had to insist that she contact her parents (cf., People v. Rivera, 78 A.D.2d 556).

We have considered the defendant's other contentions and find them to be without merit. Kunzeman, J.P., Kooper, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Kircher

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 285 (N.Y. App. Div. 1987)
Case details for

People v. Kircher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNA KIRCHER…

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

Date published: Nov 2, 1987

Citations

134 A.D.2d 285 (N.Y. App. Div. 1987)

Citing Cases

People v. Pica

When a minor is residing in the home of his parents, "the police have an obligation to establish and maintain…

Hunt v. State

The defendant responded that he understood. Further, he was allowed to take breaks from the questioning and…