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People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 927 (N.Y. App. Div. 1989)

Opinion

February 3, 1989

Appeal from the Supreme Court, Erie County, Stiller, J.

Present — Doerr, J.P., Boomer, Pine, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: There is ample support in the record for the court's conclusion that Joseph Tatar, a fellow inmate of defendant at the holding center, was not acting as an agent for the People when he heard defendant's incriminating statements. Similarly, there is no evidence that Tatar elicited the incriminating statement by his conduct (People v Cardona, 41 N.Y.2d 333, 335; People v Kinder, 75 A.D.2d 34, 44).

We have reviewed the other arguments raised by defendant on appeal and find them to be without merit.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 927 (N.Y. App. Div. 1989)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WALKER, JR.…

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

Date published: Feb 3, 1989

Citations

147 A.D.2d 927 (N.Y. App. Div. 1989)