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People v. Li

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1997
235 A.D.2d 211 (N.Y. App. Div. 1997)

Opinion

January 7, 1997.

Judgment, Supreme Court, New York County (James Leff, J., at suppression hearing; Jeffrey Atlas, J., at jury trial), rendered December 20, 1995, convicting defendant of manslaughter in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 5 to 15 years, 5 to 15 years, and 2 1/3 to 7 years, unanimously affirmed.

Before: Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.


Defendant's statements were not the product of unlawful detention ( see, People v Morales, 42 NY2d 129, 137-138, cert denied 434 US 1018). We agree with the hearing court's findings that defendant voluntarily accompanied the police to the precinct to assist in the investigation of this case; that questioning of defendant was conducted in a conversational, nonaccusatory manner, with breaks of up to one-half hour during which time defendant was left alone and unrestrained in an interview room; and that defendant voluntarily gave written statements to the police and consented to the police search and processing of his van "to maintain his facade of innocence" ( People v Yukl, 25 NY2d 585, 591-592, cert denied 400 US 851).


Summaries of

People v. Li

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1997
235 A.D.2d 211 (N.Y. App. Div. 1997)
Case details for

People v. Li

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFREDO LI, Appellant

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

Date published: Jan 7, 1997

Citations

235 A.D.2d 211 (N.Y. App. Div. 1997)
653 N.Y.S.2d 98

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