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People v. Farrell

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1007 (N.Y. App. Div. 1985)

Opinion

August 12, 1985

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


Judgment affirmed.

The initial statement made by defendant to the police was not the result of custodial interrogation and therefore was properly admitted into evidence even though defendant had not been given his Miranda warnings at that time ( see, Miranda v. Arizona, 384 U.S. 436). As to the statements made by defendant subsequent to his arrest, the People bear the burden of proving beyond a reasonable doubt, viewing the totality of the circumstances, that those statements were voluntarily made ( People v. Anderson, 42 N.Y.2d 35; People v. Huntley, 15 N.Y.2d 72). Giving great deference to the factual findings of the hearing court ( People v Prochilo, 41 N.Y.2d 759), the evidence adduced was sufficient to support its determination that the People met their burden at bar.

We have reviewed defendant's remaining contentions and find them to be either not adequately preserved for our review, or without merit. Mollen, P.J., Gibbons, Rubin and Kooper, JJ., concur.


Summaries of

People v. Farrell

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1007 (N.Y. App. Div. 1985)
Case details for

People v. Farrell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH FARRELL…

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

Date published: Aug 12, 1985

Citations

112 A.D.2d 1007 (N.Y. App. Div. 1985)