People v. Griffin
| Decision Date | 08 January 1980 |
| Citation | 425 N.Y.S.2d 547,48 N.Y.2d 998 |
| Parties | , 401 N.E.2d 905 The PEOPLE of the State of New York, Respondent, v. George GRIFFIN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed.
Defendant and Frederick Cunningham were tried and convicted of two counts of murder in the second degree for the homicide of Anthony Caputo, a service station attendant. Prior to trial, defendant sought unsuccessfully to suppress statements made by him and items of physical evidence taken from his residence and automobile. Defendant's motion to sever was also denied.
Initially, in the absence of any contention in this court that the police lacked probable cause to arrest, the warrantless arrest at defendant's home was proper (People v. Payton, 45 N.Y.2d 300, 310-312, 408 N.Y.S.2d 395, 399-401, 380 N.E.2d 224, 228-230, probable jurisdiction noted 439 U.S. 1044, 99 S.Ct. 718, 58 L.Ed.2d 703; see People v. Jenkins, 47 N.Y.2d 722, 417 N.Y.S.2d 57, 390 N.E.2d 775). With respect to the voluntariness of defendant's statements and consent to search, the record contains support for the hearing court's findings, affirmed by the Appellate Division, that they were knowingly and voluntarily obtained (see People v. Glass, 43 N.Y.2d 283, 401 N.Y.S.2d 189, 372 N.E.2d 24; cf. People v. Wharton, 46 N.Y.2d 924, 415 N.Y.S.2d 204, 388 N.E.2d 341). Finally, no error was committed in denying defendant's motion to sever. Any objection based on Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476, was obviated when the codefendant testified (People v. Anthony, 24 N.Y.2d 696, 301 N.Y.S.2d 961, 249 N.E.2d 747).
Order affirmed in a memorandum.
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People v. Cook
...S.Ct. 1930, 1935, 1937, supra; Nelson v. O'Neil, 402 U.S. 622, 91 S.Ct. 1723, 29 L.Ed.2d 222) nor the State (People v. Griffin, 48 N.Y.2d 998, 1000, 425 N.Y.S.2d 547, 401 N.E.2d 905; People v. Payne, 35 N.Y.2d 22, 26, 358 N.Y.S.2d 701, 315 N.E.2d 762) constitutional right to confrontation i......
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People v. Jean-Baptiste, Ind. No. 07-1077
...circumstances under which he made them. Thus, there was no reason to exclude Braham's jury from the proceedings. People v. Griffin, 48 N.Y.2d 998, 425 N.Y.S.2d 547 (1980)(no error was committed in denying defendant's motion to sever; any objection based on Bruton was obviated when the codef......
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People v. Jean-Baptiste
...circumstances under which he made them. Thus, there was no reason to exclude Braham's jury from the proceedings. People v. Griffin, 48 N.Y.2d 998, 425 N.Y.S.2d 547 (1980)(no error was committed in denying defendant's motion to sever; any objection based on Bruton was obviated when the codef......
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People v. Jackson
...which inculpated the defendant in the crime was obviated when the codefendant went on to testify (see, People v. Griffin, 48 N.Y.2d 998, 425 N.Y.S.2d 547, 401 N.E.2d 905). The court acted properly in not dismissing the conviction of burglary in the first degree as a lesser included offense ......