People v. Hassell
| Decision Date | 24 February 1992 |
| Citation | 180 A.D.2d 819,580 N.Y.S.2d 773 |
| Parties | The PEOPLE, etc., Respondent, v. John HASSELL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip C. Schiffman, Washingtonville, for appellant.
John Hassell, pro se.
Francis D. Phillips II, Dist. Atty., Goshen (David R. Macy, of counsel), for respondent.
Before THOMPSON, J.P., and SULLIVAN, HARWOOD and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered September 9, 1988, convicting him of murder 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 statements made by him to law enforcement officials.
ORDERED that the judgment is affirmed.
During questioning of the defendant, the investigator from the District Attorney's office informed him that the blood found on his pants had been analyzed and found to be the same type as that of the victim. This was untrue. Although the blood had been analyzed, and subsequently was found to match the blood of the victim, the results were not yet available at the time that the investigator spoke to the defendant. The use of deception and trickery by the police "need not result in involuntariness without some showing that the deception was so fundamentally unfair as to deny due process" (People v. Tarsia, 50 N.Y.2d 1, 11, 427 N.Y.S.2d 944, 405 N.E.2d 188; People v. Jackson, 140 A.D.2d 458, 528 N.Y.S.2d 158; People v. Burnett, 99 A.D.2d 786, 472 N.Y.S.2d 37). We find that the ruse employed by the investigator in this case did not render the defendant's statements involuntary (see, People v. Tarsia, supra; People v. Madison, 135 A.D.2d 655, 522 N.Y.S.2d 230, aff'd., 73 N.Y.2d 810, 537 N.Y.S.2d 111, 534 N.E.2d 28). Further, the defendant was subject to continuous questioning from the time he was first read his rights, and therefore, additional warnings were unnecessary (see, People v. Starks, 139 A.D.2d 681, 682, 527 N.Y.S.2d 358; People v. Glinsman, 107 A.D.2d 710, 484 N.Y.S.2d 64, cert. denied, 472 U.S. 1021, 105 S.Ct. 3487, 87 L.Ed.2d 621).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon...
To continue reading
Request your trial
-
People v. Dunbar
...722; People v. Williamson, 245 A.D.2d 966, 667 N.Y.S.2d 114; People v. Jordan, 193 A.D.2d 890, 597 N.Y.S.2d 807; People v. Hassell, 180 A.D.2d 819, 820, 580 N.Y.S.2d 773; People v. Taber, 115 A.D.2d 126, 127, 495 N.Y.S.2d 529). The question in those cases was whether the inculpatory stateme......
-
People v. Green
...260 A.D.2d 931, 932, 690 N.Y.S.2d 282 [1999], lv denied 93 N.Y.2d 1017, 697 N.Y.S.2d 576, 719 N.E.2d 937 [1999] ; People v. Hassell, 180 A.D.2d 819, 820, 580 N.Y.S.2d 773 [1992], lv denied 79 N.Y.2d 1050, 584 N.Y.S.2d 1017, 596 N.E.2d 415 [1992] ). Our review of the recorded interview and t......
-
People v. Tankleff
...People v. Tarsia, 50 N.Y.2d 1, 427 N.Y.S.2d 944, 405 N.E.2d 188; People v. Brewley, 192 A.D.2d 540, 596 N.Y.S.2d 91; People v. Hassell, 180 A.D.2d 819, 580 N.Y.S.2d 773; People v. Collins, 156 A.D.2d 703, 549 N.Y.S.2d 459; People v. Sohn, 148 A.D.2d 553, 539 N.Y.S.2d The defendant also argu......
-
People v. Jordan
...Even if the statement was untrue at the time, it did not render defendant's subsequent confession involuntary (see, People v. Hassell, 180 A.D.2d 819, 820, 580 N.Y.S.2d 773, lv. denied 79 N.Y.2d 1050, 584 N.Y.S.2d 1017, 596 N.E.2d 415; People v. Watson, 134 A.D.2d 729, 730, 521 N.Y.S.2d 548......