People v. Davis
| Decision Date | 24 November 1981 |
| Parties | , 431 N.E.2d 634 The PEOPLE of the State of New York, Respondent, v. William DAVIS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed, 79 A.D.2d 547, 437 N.Y.S.2d 915.
After a hearing on defendant's motion to suppress his inculpatory statements, the trial court found that proper Miranda warnings were given to defendant while he was in custody, that he understood these rights, that he made no request for an attorney thereafter, that no threats, coercion, pressure or tricks of any nature occurred, that defendant was questioned two or three minutes after the Miranda warnings were given, and that defendant had been arrested on approximately 11 prior occasions. In light of the Appellate Division's affirmance of these factual determinations we cannot say, as a matter of law, that defendant failed to exercise a knowing and intelligent, albeit implicit, waiver of his Miranda rights to remain silent and to have counsel present during custodial interrogation. No express waiver of these rights was required (North Carolina v. Butler, 441 U.S. 369, 373, 99 S.Ct. 1755, 1757, 60 L.Ed.2d 286).
Order affirmed in a memorandum.
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People v. Ridgeway
...to sign a written waiver (see North Carolina v. Butler, 441 U.S. 369, 373, 99 S.Ct. 1755, 1757, 60 L.Ed.2d 286; People v. Davis, 55 N.Y.2d 731, 447 N.Y.S.2d 149, 431 N.E.2d 634). And the fact that defendant repeatedly gave exculpatory versions of events does not show her desire to remain si......
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People v. Bryon, 2004 NY Slip Op 51023(U) (NY 7/14/2004), 513/2004.
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People v. Moreaux
...to commencement of interrogation is necessary to support a conclusion that the defendant waived those rights" (citing People v. Davis , 55 N.Y.2d 731, 447 N.Y.S.2d 149, 431 N.E.2d 634 [1981] ; North Carolina v. Butler , 441 U.S. 369, 99 S.Ct. 1755, 60 L.Ed.2d 286 (1979).The Court also notes......
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