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People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1992
185 A.D.2d 291 (N.Y. App. Div. 1992)

Opinion

July 13, 1992

Appeal from the Supreme Court, Queens County (Leahy, J.).


Ordered that the judgment is affirmed.

The defendant contends that the hearing court erred in denying suppression of his statements, since he did not consent to the police officers' entry into his hospital room to question him. We disagree.

The hearing record shows that the defendant had been hospitalized in Maryland following an automobile accident, and two New York detectives, after contacting a detective in Maryland, went down to that State. Since their purpose was to interview the defendant, no search warrant was sought. After obtaining the permission of the defendant's physician, the detectives gave the defendant Miranda warnings and spoke with him, at which point, the defendant made two separate statements. No Fourth Amendment violation occurs when a doctor permits police officers to enter a sentient patient's room, and the patient does not object but goes on to make a statement to those officers (see, People v. Brown, 88 Cal.App.3d 283, 289-292, 151 Cal.Rptr. 749; see also, People v. Manieri, 83 Misc.2d 798, 800).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Thompson, J.P., Eiber, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1992
185 A.D.2d 291 (N.Y. App. Div. 1992)
Case details for

People v. Washington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES WASHINGTON…

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

Date published: Jul 13, 1992

Citations

185 A.D.2d 291 (N.Y. App. Div. 1992)