From Casetext: Smarter Legal Research

People v. Dillhunt

Appellate Division of the Supreme Court of New York, First Department
Jun 14, 2007
41 A.D.3d 216 (N.Y. App. Div. 2007)

Opinion

No. 1343.

June 14, 2007.

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered August 22, 2005, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of four years, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), and Fried, Frank, Harris, Shriver Jacobson LLP, New York (Sloan S.J. Johnston of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Julie Paltrowitz of counsel), for respondent.

Before: Mazzarelli, J.P., Sullivan, Buckley, Sweeny and Catterson, JJ.


The court properly denied defendant's suppression motion. The hearing record establishes that defendant's statements made prior to Miranda warnings were not the product of custodial interrogation, because a reasonable innocent person in defendant's position would not have thought he was in custody ( see People v Yukl, 25 NY2d 585, cert denied 400 US 851). Defendant voluntarily accompanied the police to the precinct; although in requesting defendant's presence a detective expressed his own "need" to speak to defendant at that location, the detective clearly expressed a request and not a direction. At the precinct, the police kept defendant unhandcuffed and unrestrained, and questioned him in a nonthreatening manner for half an hour. The fact that the detective showed defendant a police report implicating him in the assault at issue did not, under all the circumstances, render the questioning custodial, since a reasonable person in defendant's situation would have believed that the police were still in the process of gathering information about the alleged incident prior to taking any action. "Even a clear statement from an officer that the person under interrogation is a prime suspect is not, in itself, dispositive of the custody issue, for some suspects are free to come and go until the police decide to make an arrest" ( Stansbury v California, 511 US 318, 325).

The court properly exercised its discretion in denying defendant's mistrial motion based on the People's summation. The challenged portions of the People's summation do not warrant reversal ( see People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). To the extent that there were any improprieties, they did not deprive defendant of a fair trial. In most of these instances, the court provided a sufficient remedy by sustaining objections, after which defendant did not request any curative instructions.

We perceive no basis for reducing the sentence.


Summaries of

People v. Dillhunt

Appellate Division of the Supreme Court of New York, First Department
Jun 14, 2007
41 A.D.3d 216 (N.Y. App. Div. 2007)
Case details for

People v. Dillhunt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM DILLHUNT…

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

Date published: Jun 14, 2007

Citations

41 A.D.3d 216 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5324
839 N.Y.S.2d 18

Citing Cases

State v. Vidal

The People made a prima facie showing that the defendant was not in custody prior to the administration of…

State v. Malaussena

The court properly denied defendant's motion to suppress statements. His statements made prior to Miranda…