People v. Dallas
Decision Date | 09 December 2014 |
Citation | 25 N.E.3d 346,24 N.Y.3d 1083,1 N.Y.S.3d 9 (Table) |
Court | New York Court of Appeals Court of Appeals |
Parties | People v. Richard Dallas |
Opinion
Read
, J.
denied.
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People v. Watson
... ... Defendant was asked if he felt free to leave, to which he responded affirmatively. When defendant was asked to provide a buccal swab, he likewise agreed to do so (see People v. Dallas, 119 A.D.3d 1362, 1363, 989 N.Y.S.2d 206 [2014], lv denied 24 N.Y.3d 1083, 1 N.Y.S.3d 9, 25 N.E.3d 346 [2014] ). Based on the totality of the circumstances, we find that defendant consented both to being taken to the police station and to submitting to a buccal swab (see People v. Kluge, 180 A.D.3d ... ...
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People v. Scaringe
... ... Here, nothing in the investigators' mildly misleading interviewing technique was so deceitful as to undermine the voluntariness of defendant's choice whether to speak with them (see People v. Moore, 132 A.D.3d 496, 496497, 17 N.Y.S.3d 426 [2015] ; People v. Dallas, 119 A.D.3d 1362, 1363, 989 N.Y.S.2d 206 [2014], lv. denied27 N.Y.S.3d 71824 N.Y.3d 1083, 1 N.Y.S.3d 9, 25 N.E.3d 346 [2014] ; People v. Lloyd, 118 A.D.3d 1117, 1119, 987 N.Y.S.2d 672 [2014], lv. denied 25 N.Y.3d 951, 7 N.Y.S.3d 280, 30 N.E.3d 171 [2015] ). Defendant requested an attorney soon ... ...
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People v. Waite
...19, 881 N.E.2d 1206 [2008] ; see also People v. Dallas, 119 A.D.3d 1362, 1365–1366, 989 N.Y.S.2d 206 [2014], lv. denied 24 N.Y.3d 1083, 1 N.Y.S.3d 9, 25 N.E.3d 346 [2014] ).Contrary to defendant's argument, the fact that he called and texted a friend several times during the afternoon for a......
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People v. Hall
... ... Instead, the jury was justified in concluding beyond a reasonable doubt that defendant was aware of and consciously disregarded a grave risk of death to the infant (see Penal Law 15.05[3] ; 120.10[3]; People v. Dallas, 119 A.D.3d 1362, 1366, 989 N.Y.S.2d 206 [4th Dept. 2014], lv denied 24 N.Y.3d 1083, 1 N.Y.S.3d 9, 25 N.E.3d 346 [2014] ). Defendant further asserts that the People did not establish the requisite mens rea component of depraved indifference to human life because he sought assistance for the victim ... ...
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