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People v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 599 (N.Y. App. Div. 1999)

Opinion

February 16, 1999

Appeal from the County Court, Rockland County (Kelly, J.).


Ordered that the judgment is affirmed.

In reviewing suppression issues on appeal, great weight must be accorded to the determination of the hearing court, with its particular advantages of having seen and heard the witnesses. Its determination should not be disturbed unless it is clearly unsupported by the record ( see, People v. Prochilo, 41 N.Y.2d 759, 761). Under the circumstances of this case, the police properly approached the defendant and asked him his name ( see, People v. Hollman, 79 N.Y.2d 181; People v. De Bour, 40 N.Y.2d 210). Further, the appellant was not in custody at the time that he accompanied the police to the crime scene and the police station ( see, People v. Hicks, 68 N.Y.2d 234, 240), and he voluntarily surrendered his pants, sneakers and socks to the police ( see, Schneckloth v. Bustamonte, 412 U.S. 218, 227; People v. Gonzalez, 39 N.Y.2d 122, 128-129; People v. King, 222 A.D.2d 699).

The appellant's remaining contention is without merit.

Miller, J. P., Ritter, Sullivan and Florio, JJ., concur.


Summaries of

People v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 599 (N.Y. App. Div. 1999)
Case details for

People v. Morrison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL MORRISON, JR.…

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

Date published: Feb 16, 1999

Citations

258 A.D.2d 599 (N.Y. App. Div. 1999)
685 N.Y.S.2d 744

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