From Casetext: Smarter Legal Research

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 262 (N.Y. App. Div. 1997)

Opinion

January 14, 1997.

Judgment, Supreme Court, Bronx County (John Collins, J., at Huntley hearing; John Moore, J., at sentencing), rendered September 23, 1994, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the third degree, and sentencing him to a term of 2½ to 4½ years, unanimously affirmed.

Before: Ellerin, J. P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.


The court properly found that, under the "`"totality of the circumstances"'", defendant's statement was voluntary and therefore admissible ( People v Anderson, 42 NY2d 35, 39). Defendant acknowledged that he understood his rights and was willing to answer questions. Defendant was alert and coherent during the interview ( see, People v Del Rosario, 210 AD2d 72, lv denied 84 NY2d 1030), despite the injuries he sustained in a car crash. Furthermore, defendant never asked for medication, a doctor, an interpreter, or for the interview to end. The court properly concluded that defendant's physical injuries did not interfere with his making a voluntary statement.

There is no merit to defendant's contention that the integrity of the Grand Jury proceedings was impaired by the presence of a second Assistant District Attorney who was present for observational purposes ( see, People v Molina, 203 AD2d 486, lv denied 87 NY2d 975).


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 262 (N.Y. App. Div. 1997)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL WALKER…

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

Date published: Jan 14, 1997

Citations

235 A.D.2d 262 (N.Y. App. Div. 1997)
652 N.Y.S.2d 274

Citing Cases

People v. Jones

We disagree. Defendant did not appear intoxicated to the police, he responded in the negative to the…

People v. Glashen

The fact that in the course of his arrest five hours earlier the defendant was struck once in the head by a…