PEOPLE v. HERRERA

4490, 3580/12.

153 A.D.3d 1173 (2017)

2017 NY Slip Op 06612

60 N.Y.S.3d 667

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK HERRERA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 26, 2017.


The court properly denied defendant's motion to suppress the statement he made to a detective. Although defendant had previously invoked his right to counsel, the record supports the hearing court's finding that the statement was spontaneous and not the product of interrogation or its functional equivalent. The detective's only involvement in the case was to maintain custody of defendant while he was in a holding cell after his arrest by other officers. This detective merely...

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