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People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1994
210 A.D.2d 441 (N.Y. App. Div. 1994)

Opinion

December 19, 1994

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


Ordered that the judgment is affirmed.

On October 8, 1991, the appellant and six other men robbed two people. After the robbery, the victims hailed two patrol cars and accompanied the officers in an effort to locate the perpetrators. After receiving a radio transmission that a chase was in progress, the officers and victims proceeded to the scene. As a result, the defendant was arrested and identified by the victims.

On appeal, the defendant claims that the hearing court improperly denied the branch of his motion which was to suppress his statement. The evidence adduced at the hearing revealed that after stopping the defendant, placing him against a car and frisking him, two of the police officers began looking underneath cars for weapons which might have been used during the robbery. The defendant spontaneously declared "I did not have a gun", without having been questioned by the police. Statements made spontaneously to police officers are admissible, even if the suspect is in custody (see, People v Gonzalez, 75 N.Y.2d 938, cert denied 498 U.S. 833; People v Krom, 61 N.Y.2d 187; People v Murphy, 163 A.D.2d 425).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Thompson, Bracken and Altman, JJ., concur.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1994
210 A.D.2d 441 (N.Y. App. Div. 1994)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD SIMMONS…

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

Date published: Dec 19, 1994

Citations

210 A.D.2d 441 (N.Y. App. Div. 1994)
620 N.Y.S.2d 432

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