People v. Page
Decision Date | 11 June 2009 |
Docket Number | 779. |
Citation | 2009 NY Slip Op 04752,880 N.Y.S.2d 287,63 A.D.3d 506 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYREEK PAGE, Appellant. |
Court | New York Supreme Court — Appellate Division |
Defendant's arguments that the court erred in failing to suppress allegedly custodial statements made to the police before he received his Miranda warnings, as well as statements he made after he received those warnings, are unpreserved and we decline to review them in the interest of justice. The hearing court did not "expressly decide[ ]" (CPL 470.05 [2]) these issues (see People v Turriago, 90 NY2d 77, 83-84 [1997]). On the contrary, while the court made reference to the question of custody, it expressly stated that no such issue was before it at the hearing, since defendant was only challenging the legality of the police entry into certain premises (an issue not pursued on appeal). As an alternative holding, we also reject defendant's claims on the merits. With respect to his pre-Miranda statements, a reasonable person in defendant's position, innocent of any wrongdoing, would not have believed that the interrogation was custodial (see People v Yukl, 25 NY2d 585 [1969], cert denied 400 US 851 [1970]; People v DeJesus, 32 AD3d 753 [2006], lv denied 8 NY3d 879 [2007]). Although defendant was initially seized and handcuffed by parole officers, police detectives immediately removed the handcuffs and clearly conveyed to defendant that the detention had terminated, whereupon defendant agreed to accompany the detectives to be interviewed as a potential witness. In any event, regardless of the admissibility of the pre-Miranda statements, there was a definite, pronounced break in the interrogation so that the...
To continue reading
Request your trial-
People v. Molina
...omitted] ). While a defendant may possess "different states of mind with regard to different potential victims" ( People v. Page, 63 A.D.3d 506, 508, 880 N.Y.S.2d 287 [2009],lv. denied 13 N.Y.3d 837, 890 N.Y.S.2d 453, 918 N.E.2d 968 [2009] ) and "can intend to cause the death of one person ......
-
People v. Omnipotent Unique Drayton
...and ... also acted with depraved indifference as to the people in the street, including the bystander victim" (see People v. Page, 63 A.D.3d 506, 507–508, 880 N.Y.S.2d 287 ; cf. People v. Molina, 79 A.D.3d 1371, 1374, 914 N.Y.S.2d 331 ). Thus, contrary to the defendant's contention, Dubarry......
-
People v. Rivera
...unlawful detention. The defendant, they assert, voluntarily accompanied the detectives to the precinct, citing People v. Page, 63 A.D.3d 506, 880 N.Y.S.2d 287 (1st Dept.2009) (initial unlawful detention by parole officers followed by definite, pronounced break in interrogation). The People ......
-
People v. Douglas
...People v. Hamilton, 52 A.D.3d 227, 228, 859 N.Y.S.2d 156; People v. Monserate, 256 A.D.2d 15, 16, 682 N.Y.S.2d 25; cf. People v. Page, 63 A.D.3d 506, 508, 880 N.Y.S.2d 287). Thus, a defendant may act with a specific intent directed at one person, while at the same time being reckless with r......