(Download) "People State New York v. Julius Bryant" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Julius Bryant
- Author : Court of Appeals of New York
- Release Date : January 02, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[1] Admissibility of the defendants post-arrest statement involves not the right to counsel but the protection against self incrimination. All of the spontaneity holdings relied upon by defendant, including that in People v Carmine A. (53 N.Y.2d 816), concerned situations in which suppression turned on the right to counsel, not the right to preinterrogation warnings. Spontaneity in the latter context turns on whether a statement made by defendant was the product of "express questioning or its functional equivalent" (Rhode Island v Innis, 446 U.S. 291, 300-301). The hearing Judge having found that the defendants post arrest statement was not in response to any question by the officers and the Appellate Division having held that the statement was not produced by the functional equivalent of interrogation, we may not overturn those rulings, absent error of law, not here present.