People v. White

Decision Date01 May 2007
Docket Number2003-08377.
Citation2007 NY Slip Op 03954,836 N.Y.S.2d 204,40 A.D.3d 662
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY WHITE, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

Although, prior to the administration of Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]), the defendant was subjected to a brief period of custodial interrogation or its functional equivalent (see People v Ferro, 63 NY2d 316, 322-323 [1984], cert denied 472 US 1007 [1985]), he made no inculpatory statement, or any statement relating to his conduct in connection with the crime under investigation, until after such warnings had been properly given and waived (see People v Prater, 258 AD2d 600 [1999]). In the absence of any such pre-Miranda statement, there was no need to determine whether the pre- and post-Miranda sessions were part of a "single continuous chain of events" (People v Paulman, 5 NY3d 122, 130 [2005]; see People v Chapple, 38 NY2d 112, 115 [1975]; People v Prater, supra). Nor was there any evidence that the length or conditions of the defendant's pre-interrogation detention affected the voluntariness of his subsequent Miranda waiver or statements (see People v Anderson, 42 NY2d 35 [1977]).

Accordingly, the hearing court properly denied suppression of the defendant's statements.

Prudenti, P.J., Fisher, Lifson and Angiolillo, JJ., concur.

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12 cases
  • People v. Call
    • United States
    • New York Supreme Court — Appellate Division
    • June 27, 2018
    ...investigation, until after such warnings had been properly given and his Miranda rights were effectively waived (see People v. White, 40 A.D.3d 662, 662, 836 N.Y.S.2d 204, affd 10 N.Y.3d 286, 856 N.Y.S.2d 534, 886 N.E.2d 156 ; People v. Prater, 258 A.D.2d 600, 601, 685 N.Y.S.2d 743 ). "In t......
  • In re Uriah M.
    • United States
    • New York Supreme Court — Appellate Division
    • June 26, 2013
    ...384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) and, thus, the statement was the product of a knowing waiver ( see People v. White, 40 A.D.3d 662, 663, 836 N.Y.S.2d 204,affd.10 N.Y.3d 286, 856 N.Y.S.2d 534, 886 N.E.2d 156,cert. denied555 U.S. 897, 129 S.Ct. 221, 172 L.Ed.2d 167;People v. Santo......
  • People v. White
    • United States
    • New York Court of Appeals Court of Appeals
    • March 20, 2008
    ...concluding that defendant had been subjected to "a brief period of custodial interrogation or its functional equivalent" (40 A.D.3d 662, 663, 836 N.Y.S.2d 204 [2007]). However, because defendant made "no inculpatory statement, or any statement relating to his conduct in connection with the ......
  • People v. Ormejuste
    • United States
    • New York Supreme Court — Appellate Division
    • May 7, 2014
    ...919;People v. Philips, 30 A.D.3d 620, 818 N.Y.S.2d 227). In any event, the defendant's contention is without merit ( see People v. White, 40 A.D.3d 662, 836 N.Y.S.2d 204,affd. on other grounds,10 N.Y.3d 286, 856 N.Y.S.2d 534, 886 N.E.2d 156,cert. denied555 U.S. 897, 129 S.Ct. 221, 172 L.Ed.......
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