People v. Dunaway
Decision Date | 29 June 1973 |
Citation | 42 A.D.2d 689,346 N.Y.S.2d 779 |
Parties | PEOPLE of the State of New York, Respondent, v. Irving Jerome DUNAWAY, Appellant. |
Court | New York Supreme Court — Appellate Division |
Charles F. Crimi, Rochester, for appellant.
Jack B. Lazarus, Dist. Atty., Edward J. Spires, Rochester, for respondent.
Judgment unanimously affirmed. (Appeal from Judgment of Monroe County Court, Ogden, J., convicting defendant of Murder, and Attempted Robbery, 1st degree.)
Present: DEL VECCHIO, J.P., and MARSH, WITMER, CARDAMONE and HENRY, JJ.
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Fitzgerald v. State
... ... Fitzgerald briefed his appeal before publication of the United States Supreme Court decision in Dunaway v. New York, --- U.S. ----, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979), in which it was held that a person may not be detained for custodial interrogation ... E. g., People v. Esajerre, 35 N.Y.2d 463, 363 N.Y.S.2d 931, 323 N.E.2d 175 (1974) ... Appellant also presses a Sixth Amendment argument on ... ...
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Dunaway v. New York
... ... , at 54. Three detectives located petitioner at a neighbor's house on the morning of August 11. Petitioner was taken into custody; although he was not told he was under arrest, he would have been physically restrained if he had attempted to leave. Opinion in People v. Dunaway (Monroe County Ct., Mar. 11, 1977), App. 116, 117. He was driven to police headquarters in a police car and placed in an interrogation room, where he was questioned by officers after being given the warnings required by Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ... ...
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People v. Barnes
... ... The defendant, relying on the recent Supreme Court decision in Dunaway v. New York, --- U.S. ----, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979) argued that if it should develop that the police did lack probable cause unless the taint of the unlawful arrest was attenuated, evidence as to the identification of the defendant should be suppressed. In Dunaway, the Supreme Court ... ...
- People v. Dunaway
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