People v. Bryan
| Decision Date | 14 August 2007 |
| Docket Number | 2005-06559. |
| Citation | 842 N.Y.S.2d 29,43 A.D.3d 447,2007 NY Slip Op 06435 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREEM BRYAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress statements made by him to law enforcement officials. While the period during which the defendant was questioned was lengthy, he was given several breaks, including a number of hours in which he participated in a lineup, and he was provided with food and water. Moreover, the record indicates that the defendant was not deprived of sleep. On three separate occasions, the defendant was advised of his Miranda rights (see Miranda v Arizona, 384 US 436 [1966]) and agreed to speak to law enforcement officials without an attorney. Considering the totality of the circumstances, the defendant's statements were voluntarily made (see People v Blackmon, 19 AD3d 611, 612 [2005]; People v McCoy, 284 AD2d 554, 554-555 [2001]; People v Marshall, 244 AD2d 508, 508-509 [1997]; see also People v Salley, 25 AD3d 473, 474 [2006]; cf. People v Anderson, 42 NY2d 35, 37-41 [1977]). Moreover, there is nothing in the record to indicate that the police delayed the defendant's arraignment to deprive him of his right to counsel or to continue to question him without the presence of an attorney (see People v Ramos, 99 NY2d 27, 34-36 [2002]; People v Blackmon, supra). There is no evidence that the defendant's statements resulted from coercive tactics (see People v Williams, 297 AD2d 325 [2002]). Rather, the police were involved in the investigation of several similar incidents. Much of the delay in...
To continue reading
Request your trial
-
People v. Johnson
...arraignment in order to obtain an involuntary confession (see People v. Guerrier, 129 A.D.3d 863, 11 N.Y.S.3d 248 ; People v. Bryan, 43 A.D.3d 447, 448, 842 N.Y.S.2d 29 ; People v. Williams, 297 A.D.2d 325, 325–326, 746 N.Y.S.2d 175 ; People v. Jackson, 292 A.D.2d 466, 738 N.Y.S.2d 880 ; se......
-
People v. DeCampoamor
...written statement. He was afforded several breaks, provided food and water, and permitted to use the bathroom ( see People v. Bryan, 43 A.D.3d 447, 448, 842 N.Y.S.2d 29; People v. Hasty, 25 A.D.3d 740, 741, 807 N.Y.S.2d 647). Under these circumstances, the lead detective's testimony at the ......
-
People v. Barnett
...hours, there were several breaks. He was offered food, something to drink, water, use of the bathroom, and cigarettes. (See, People v. Bryan, 43 A.D.3d 447, 448; People v. Hasty, 25 A.D.3d 740, 741). There was no coercive tactic either physical or psychological which resulted in overbearing......
-
People v. Solorzano
...consider in assessing the voluntariness of a confession” ( People v. Williams, 297 A.D.2d 325, 325, 746 N.Y.S.2d 175;see People v. Bryan, 43 A.D.3d 447, 842 N.Y.S.2d 29;People v. Beale, 283 A.D.2d 653, 728 N.Y.S.2d 161). To suppress a statement on this ground, there must be evidence that th......