From Casetext: Smarter Legal Research

People v. Morales

Court of Appeals of the State of New York
Sep 5, 1985
65 N.Y.2d 997 (N.Y. 1985)

Summary

reversing Appellate Division's order affirming suppression, where hearing court erred in holding that, as a matter of law, a person who is frisked is thereafter in custody for Miranda purposes

Summary of this case from People v. Alston

Opinion

Decided September 5, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Dorothy Cropper, J.

Robert M. Morgenthau, District Attorney ( Donald J. Siewert and Robert M. Pitler of counsel), for appellant.

Benjamin Brafman for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to Supreme Court, New York County, for further proceedings in accordance with this memorandum.

Criminal Term erred in holding that a person who is frisked is thereafter in custody as a matter of law for the purpose of administration of Miranda warnings ( Berkemer v McCarty, 468 U.S. ___, 104 S Ct 3138). There is a clear distinction between a stop and frisk inquiry and a forcible seizure which curtails a person's freedom of action to the degree associated with a formal arrest ( see, People v Huffman, 41 N.Y.2d 29). Thus, questioning after a frisk, without more, does not constitute custodial interrogation ( Berkemer v McCarty, supra; see, United States v Bautista, 684 F.2d 1286, 1291-1292, cert denied 459 U.S. 1211; United States v Pratt, 645 F.2d 89, 90-91, cert denied 454 U.S. 881; State v Roadenbaugh, 234 Kan. 474, 673 P.2d 1166, 1169-1172; People v Greer, 110 Cal.App.3d 235, 240, 167 Cal.Rptr. 762, 765). Although the issue of whether a suspect is in custody is generally a question of fact, Criminal Term's determination rests upon an erroneous legal standard, thus presenting a question of law within this court's power of review ( see, People v Palumbo, 49 N.Y.2d 928, 929).

The matter should, therefore, be remitted to Criminal Term so that defendant's motion can be decided in accordance with these principles. The determination should be made on the record of the prior hearing; a new hearing is not required ( People v Quarles, 63 N.Y.2d 923, 925; People v Havelka, 45 N.Y.2d 636, 642-644).

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and TITONE concur; Judge ALEXANDER taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.


Summaries of

People v. Morales

Court of Appeals of the State of New York
Sep 5, 1985
65 N.Y.2d 997 (N.Y. 1985)

reversing Appellate Division's order affirming suppression, where hearing court erred in holding that, as a matter of law, a person who is frisked is thereafter in custody for Miranda purposes

Summary of this case from People v. Alston
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JESUS MORALES…

Court:Court of Appeals of the State of New York

Date published: Sep 5, 1985

Citations

65 N.Y.2d 997 (N.Y. 1985)
494 N.Y.S.2d 95
484 N.E.2d 124

Citing Cases

People v. Perez

prison inmate are no longer analogous to those kinds of detentions found not custodial in nonprison settings…

People v. Alls

County Court's application of the test, to require not merely further constraint upon the interrogated…