People v. Dunaway

Decision Date29 June 1973
Citation42 A.D.2d 689,346 N.Y.S.2d 779
PartiesPEOPLE of the State of New York, Respondent, v. Irving Jerome DUNAWAY, Appellant.
CourtNew 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.

To continue reading

Request your trial
7 cases
  • Fitzgerald v. State
    • United States
    • Wyoming Supreme Court
    • 30 Octubre 1979
    ... ...         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 ... ...
  • Dunaway v. New York
    • United States
    • U.S. Supreme Court
    • 5 Junio 1979
    ... ... , 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 ... ...
  • People v. Barnes
    • United States
    • New York Supreme Court
    • 20 Septiembre 1979
    ... ... 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
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Marzo 1978
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT