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People v. Mack

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 784 (N.Y. App. Div. 1987)

Opinion

June 22, 1987

Appeal from the Supreme Court, Kings County (Kay, J.).


Ordered that the judgment is affirmed.

The defendant's contention that an oral inculpatory statement given to Detective Rainey in the back of a police car on the day following the fatal incident should have been suppressed is without merit. The hearing court's factual finding that the defendant was asked to step into the police car in order to move away from a large group of people and to insure privacy is supported in the record. There is no evidence that the defendant was restrained in any way or otherwise treated in such a manner as to cause a reasonable individual in her position, innocent of any crime, to believe that she was "deprived of [her] freedom of action in any significant way" (Miranda v Arizona, 384 U.S. 436, 444; Matter of Kwok T., 43 N.Y.2d 213, 218). Nor is a custodial situation created by the fact that the defendant was questioned in the police vehicle (see, People v Johnson, 91 A.D.2d 327, affd 61 N.Y.2d 932). Further, the record is devoid of any indication that the questioning was threatening or coercive. Accordingly, there is sufficient evidence in the record to conclude that the defendant's statements were voluntarily given under noncustodial circumstances.

Also, the trial court properly permitted the prosecutor to correct any deficiency in his opening statement after defense counsel's motion to dismiss (see, People v Kurtz, 51 N.Y.2d 380, 384-385, cert denied 451 U.S. 911). As amplified, the prosecutor's opening statement satisfied the requirements of CPL 260.30 (3), and adequately informed the jury of the nature of the charge, the facts he intended to prove and the evidence he intended to introduce in support of the same (see, People v Kurtz, supra, at 384).

Viewing the evidence in the light most favorable to the prosecution, as we must (see, People v Benzinger, 36 N.Y.2d 29), it is sufficient as a matter of law to support the defendant's conviction of the crime charged. Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15). Mangano, J.P., Niehoff, Spatt and Harwood, JJ., concur.


Summaries of

People v. Mack

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 784 (N.Y. App. Div. 1987)
Case details for

People v. Mack

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNORA MACK, Appellant

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

Date published: Jun 22, 1987

Citations

131 A.D.2d 784 (N.Y. App. Div. 1987)

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