People v. Grillo
| Decision Date | 30 September 1991 |
| Citation | 176 A.D.2d 346,574 N.Y.S.2d 583 |
| Parties | The PEOPLE, etc., Respondent, v. Richard M. GRILLO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Steven M. Jaeger, Mineola, for appellant.
James M. Catterson, Jr., Dist. Atty., Riverhead (Margaret McPartlin, of counsel), for respondent.
Before BRACKEN, J.P., and SULLIVAN, MILLER and RITTER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Namm, J.), rendered December 4, 1987, convicting him of burglary in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant's omnibus motion which was to suppress certain statements made by him to private citizens.
ORDERED that the matter is remitted to the County Court, Suffolk County, to hear and report on the voluntariness of the statements made by the defendant to private citizens pursuant to People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179, and the appeal is held in abeyance in the interim. The County Court, Suffolk County, is to file its report with all convenient speed.
Prior to trial, the defendant moved, inter alia, to suppress certain statements made at the home of the complainant where the alleged burglaries took place. The defendant argued that his statements were made under duress after he had been physically beaten and threatened by the complaining witness and a relative. The court denied the application for a Huntley hearing after noting that the alleged threats had been made by civilians and not by police officers.
Evidence of any statement made by the defendant with respect to his participation, or lack of participation in the offense charged, may not be received in evidence against him if such statement was "involuntarily made" (CPL 60.45[1]. An "involuntarily made" statement is one obtained from the defendant "[b]y any person by the use or threatened use of physical force upon the defendant" (CPL 60.45[2][a] [emphasis supplied]. Although the trial court submitted the issue of voluntariness to the jury, the defendant was entitled to a pretrial hearing and judicial determination that the statements were voluntary beyond a reasonable doubt before their submission to the trial jury (see, People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179, supra; see also, People v. Chennault, 20 N.Y.2d 518, 285 N.Y.S.2d 289, 232 N.E.2d 324; People v....
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Malave v. Smith
...would have been denied because the statement was not made to law enforcement — is unpersuasive in light of People v. Grillo, 176 A.D.2d 346, 574 N.Y.S.2d 583 (2d Dep't 1991), in which the Second Department held that the defendant in a burglary prosecution was entitled to a hearing on the is......
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People v. Sorbo
...286 N.E.2d 254 (1972). These rules apply whether the statement is made to the police or to a private party. People v. Grillo, 176 A.D.2d 346, 574 N.Y.S.2d 583 (2d Dept.1991), upon remand 196 A.D.2d 884, 602 N.Y.S.2d 165 (2d Dept.1993), lv. denied, 82 N.Y.2d 895, 610 N.Y.S.2d 162, 632 N.E.2d......
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Hernandez v. Uhler
...involuntary, as required to render a statement inadmissible under New York law. See N.Y. Crim. P. Law § 60.45(1); People v. Grillo, 176 A.D.2d 346, 346 (N.Y. App. Div. 1991); Malave v. Smith, 559 F. Supp. 2d 264, 268 (E.D.N.Y. 2008) ("Unlike the analogous federal constitutional protection—w......
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Brian E, Matter of
...to Family Court for a hearing on the issue of the voluntariness of respondent's statements to his foster mother (see, People v. Grillo, 176 A.D.2d 346, 574 N.Y.S.2d 583). ORDERED that the decision is withheld, and matter remitted to the Family Court of Sullivan County for further proceeding......
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Interrogations, confessions and other statements
...state statutes preclude use of involuntary statements regardless of who elicited the statement. [ See, e.g., Bowe; People v. Grillo , 176 A.D.2d 346, 574 N.Y.S.2d 583 (NY App. Div. 1991) (applying involuntariness standard of NY Crim. P. Law §60.45 to statements made to private citizens).] I......