People v. Cruz

Decision Date16 October 1997
Citation90 N.Y.2d 961,687 N.E.2d 1329,665 N.Y.S.2d 46
Parties, 687 N.E.2d 1329, 1997 N.Y. Slip Op. 8592 The PEOPLE of the State of New York, Respondent, v. Santos CRUZ, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

That Court specifically affirmed the hearing court's finding that defendant's statements were not the product of custodial interrogation. The court's ruling constitutes a determination on a mixed question of law and fact and, inasmuch as there is support in the record for the determination, it is beyond further review by this Court. Thus, the statements made by defendant in response to the questions of a police officer on the street were admissible despite the lack of prior Miranda warnings.

KAYE, C.J., and TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY, JJ., concur.

Order affirmed in a memorandum.

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11 cases
  • People v. Li
    • United States
    • New York Supreme Court — Appellate Division
    • 13 Julio 2022
    ...of [facts] that the evidence fairly tended to support" ( People v. Cruz, 233 A.D.2d 102, 649 N.Y.S.2d 429, affd 90 N.Y.2d 961, 665 N.Y.S.2d 46, 687 N.E.2d 1329 ; see Tarlowe v. Metropolitan Ski Slopes, Inc., 28 N.Y.2d 410, 414, 322 N.Y.S.2d 665, 271 N.E.2d 515 ). Finally, the defendant's co......
  • People v. Denson
    • United States
    • New York Court of Appeals Court of Appeals
    • 27 Octubre 2015
    ...is record support for the determinations made below, those determinations are beyond the review power of this Court (see People v. Cruz, 90 N.Y.2d 961, 962, 665 N.Y.S.2d 46, 687 N.E.2d 1329 [1997] ; People v. Harrison, 82 N.Y.2d 693, 694, 601 N.Y.S.2d 573, 619 N.E.2d 651 [1993] ; People v. ......
  • People v. Denson
    • United States
    • New York Court of Appeals Court of Appeals
    • 27 Octubre 2015
    ...is record support for the determinations made below, those determinations are beyond the review power of this Court (see People v. Cruz, 90 N.Y.2d 961, 962, 665 N.Y.S.2d 46, 687 N.E.2d 1329 [1997] ; People v. Harrison, 82 N.Y.2d 693, 694, 601 N.Y.S.2d 573, 619 N.E.2d 651 [1993] ; People v. ......
  • People v. Warren, 2013-09495, Ind. No. 1383/11.
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Enero 2015
    ...the lack of prior Miranda warnings (see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ; People v. Cruz, 90 N.Y.2d 961, 665 N.Y.S.2d 46, 687 N.E.2d 1329 ; People v. Morales, 65 N.Y.2d 997, 494 N.Y.S.2d 95, 484 N.E.2d 124 ; People v. Yukl, 25 N.Y.2d 585, 588–592, 307 N.Y.S.2......
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