People v. Hall

Decision Date21 December 2016
Parties The PEOPLE, etc., respondent, v. Maurice HALL, appellant.
CourtNew York Supreme Court — Appellate Division

145 A.D.3d 915
44 N.Y.S.3d 102
2016 N.Y. Slip Op. 08541

The PEOPLE, etc., respondent,
v.
Maurice HALL, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 21, 2016.


44 N.Y.S.3d 102

Mark Diamond, New York, N.Y., for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jill Oziemblewski of counsel), for respondent.

RUTH C. BALKIN, J.P., THOMAS A. DICKERSON, HECTOR D. LaSALLE, and FRANCESCA E. CONNOLLY, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered December 19, 2013, convicting him of murder in the first degree (two counts), attempted murder in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied that branch of his omnibus motion which was to suppress statements he made to law enforcement officials after he was advised of his Miranda rights (see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ). "A court generally must look to the totality of the circumstances

to determine the voluntariness of an inculpatory statement" (People v. Brown, 113 A.D.3d 785, 785, 978 N.Y.S.2d 862 ). "The factors to be weighed include the duration and conditions of detention, the manifest attitude of the

police towards the defendant, the existence of threat or inducement, and the age, physical state, and mental state of the...

To continue reading

Request your trial
9 cases
  • People v. Stevens
    • United States
    • New York Supreme Court — Appellate Division
    • April 17, 2019
    ...to his adjudication as a second violent felony offender is unpreserved for appellate review (see CPL 470.05[2] ; People v. Hall, 145 A.D.3d 915, 916, 44 N.Y.S.3d 102 ; People v. Moshier, 110 A.D.3d 832, 833, 972 N.Y.S.2d 675 ; People v. Chase, 101 A.D.3d 1141, 955 N.Y.S.2d 891 ) and, in any......
  • People v. Zelaya
    • United States
    • New York Supreme Court — Appellate Division
    • March 27, 2019
    ...prior to giving his subsequent statements (see Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ; People v. Hall , 145 A.D.3d 915, 916, 44 N.Y.S.3d 102 ; 96 N.Y.S.3d 685 People v. Brown , 113 A.D.3d 785, 785, 978 N.Y.S.2d 862 ). The evidence at the suppression hearing furthe......
  • People v. Black
    • United States
    • New York Supreme Court — Appellate Division
    • May 8, 2019
    ...prior to subsequent questioning within a reasonable time thereafter, so long as the custody has remained continuous (see People v. Hall, 145 A.D.3d 915, 916, 44 N.Y.S.3d 102 ; People v. Loucks, 125 A.D.3d 890, 890–891, 2 N.Y.S.3d 620 ; People v. Gega, 74 A.D.3d 1229, 1231, 904 N.Y.S.2d 716 ......
  • People v. Waters
    • United States
    • New York Supreme Court — Appellate Division
    • March 28, 2018
    ...voluntarily, and intelligently waived them (see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ; People v. Hall, 145 A.D.3d 915, 916, 44 N.Y.S.3d 102 ; People v. Brown, 113 A.D.3d 785, 785, 978 N.Y.S.2d 862 ; People v. Gega, 74 A.D.3d 1229, 1231, 904 N.Y.S.2d 716 ).Viewing ......
  • 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