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People v. Prout

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 454 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the County Court, Dutchess County (Berry, J.).


Ordered that the judgment is affirmed.

The record supports the hearing court's determination that the defendant was not in custody at the time he made the statements in question (see, People v. Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851; People v. Tankleff, 199 A.D.2d 550, affd 84 N.Y.2d 992; People v. Nolcox, 190 A.D.2d 824). Moreover, the defendant did not unequivocally request the assistance of counsel during his interview with the police (see, People v. Hicks, 69 N.Y.2d 969; People v. Hart, 191 A.D.2d 991). Mangano, P.J., Copertino, Joy and Altman, JJ., concur.


Summaries of

People v. Prout

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 454 (N.Y. App. Div. 1996)
Case details for

People v. Prout

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN S. PROUT…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 454 (N.Y. App. Div. 1996)
638 N.Y.S.2d 322