People v. Passino
| Decision Date | 24 February 2009 |
| Docket Number | No. 78 SSM 49,78 SSM 49 |
| Citation | 904 N.E.2d 837,12 N.Y.3d 748 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Kristerfer PASSINO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. The issues raised on appeal were not preserved for this Court's review. Defendant did not raise any issue under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 [1966] at County Court, and that court's ruling on the Miranda issue did not address any of the arguments defendant now makes.
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5 cases
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People v. Hadfield
...114 S.Ct. 1850, 128 L.Ed.2d 474 [1994];see People v. Passino, 53 A.D.3d 204, 205–206, 861 N.Y.S.2d 168 [2008],affd.12 N.Y.3d 748, 876 N.Y.S.2d 700, 904 N.E.2d 837 [2009] ). At the Huntley hearing, Bercume testified that he viewed the video recording of the incident, and then went to defenda......
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People v. Darrell
...119 A.D.3d at 1226, 990 N.Y.S.2d 341 ; People v. Passino, 53 A.D.3d 204, 205–206, 861 N.Y.S.2d 168 [2008], affd. 12 N.Y.3d 748, 876 N.Y.S.2d 700, 904 N.E.2d 837 [2009] ). Defendant further contends that County Court erred in denying his request pursuant to Civil Rights Law § 50–a for an in ......
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People v. Jackson
... ... Contrary to defendant's contention, his statements to police on that date were not the product of a custodial interrogation requiring the administration of Miranda warnings at the outset of the interview (see People v. Passino, 53 A.D.3d 204, 205206, 861 N.Y.S.2d 168, 141 A.D.3d 1096 affd. 12 N.Y.3d 748, 876 N.Y.S.2d 700, 904 N.E.2d 837 ; see generally People v. Alls, 83 N.Y.2d 94, 100, 608 N.Y.S.2d 139, 629 N.E.2d 1018, cert. denied 511 U.S. 1090, 114 S.Ct. 1850, 128 L.Ed.2d 474 ). Miranda warnings are required prior ... ...
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People v. Perkins
...v. Johnson, 133 A.D.3d 1309, 1310, 19 N.Y.S.3d 646 ; People v. Passino, 53 A.D.3d 204, 205–206, 861 N.Y.S.2d 168, affd 12 N.Y.3d 748, 876 N.Y.S.2d 700, 904 N.E.2d 837 ; People v. LaBreck, 286 A.D.2d 978, 978, 730 N.Y.S.2d 616 ). The fact that the defendant's iPad would be detained if he did......
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