People v. Hester

Decision Date02 August 1990
Citation76 N.Y.2d 858,560 N.Y.S.2d 998
Parties, 561 N.E.2d 898 People v. Hester
CourtNew York Court of Appeals Court of Appeals

Bellacosa, J.

161 A.D.2d 665, 556 N.Y.S.2d 97

App.Div. 2, Nassau 5/14/90

Denied

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7 cases
  • People v. Raucci
    • United States
    • New York Supreme Court — Appellate Division
    • June 27, 2013
    ... ... Nelson, 147 A.D.2d 774, 776, 537 N.Y.S.2d 995 [1989], lv. denied 74 N.Y.2d 794, 545 N.Y.S.2d 556, 544 N.E.2d 234 [1989]; see People v. Hester, 161 A.D.2d 665, 666, 556 N.Y.S.2d 97 [1990], lv. denied 76 N.Y.2d 858, 560 N.Y.S.2d 998, 561 N.E.2d 898 [1990] ). Accordingly, we discern no basis upon which to suppress defendant's statement. Defendant's asserted Molineux violations do not warrant extended discussion. Assuming, without ... ...
  • People v. Reichel
    • United States
    • New York Supreme Court — Appellate Division
    • December 1, 2022
    ... ... Hester, 161 A.D.2d 665, 666, 556 N.Y.S.2d 97 [2d Dept. 1990] [internal quotation marks and citation omitted], lv denied 76 N.Y.2d 858, 560 N.Y.S.2d 998, 561 N.E.2d 898 [1990] ; see People v. Raucci, 109 A.D.3d 109, 120, 968 N.Y.S.2d 211 [3d Dept. 2013], lv denied 178 N.Y.S.3d 640 22 N.Y.3d 1158, 984 ... ...
  • People v. Richard
    • United States
    • New York Supreme Court — Appellate Division
    • October 31, 1996
    ... ... We disagree. In a case strikingly similar to the one at bar, it was held that such questions were appropriate inasmuch as they related to the defendant's present physical condition and were necessary in order to provide for the defendant's physical needs (People v. Hester, 161 A.D.2d 665, 666, 556 N.Y.S.2d 97, lv. denied 76 N.Y.2d 858, 560 N.Y.S.2d 998, 561 N.E.2d 898; see, People v. Rogers, 48 N.Y.2d 167, 173, 422 N.Y.S.2d 18, 397 N.E.2d 709; People v. Greenleaf, 222 A.D.2d 838, 840, 634 N.Y.S.2d 892, 894, lv. denied 87 N.Y.2d 973, 642 N.Y.S.2d 202, 664 N.E.2d ... ...
  • People v. Youngblood
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2002
    ... ... Questions that are necessary for processing a suspect or providing for his physical needs need not be preceded by Miranda warnings because such questions do not constitute interrogation (see People v Hester, 161 A.D.2d 665, 666, lv denied 76 N.Y.2d 858; cf. People v Rogers, 48 N.Y.2d 167, 173). Further, the court properly found that defendant's statements, which were nonresponsive to the officer's inquiry, were spontaneous and not the product of interrogation (see People v DePonceau, 275 A.D.2d 994, ... ...
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