From Casetext: Smarter Legal Research

People v. Hamelinck

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1024 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Wayne County Court, Strobridge, J.

Present — Green, J.P., Pine, Wesley, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied the motion to suppress defendant's statements to the police. The officer's assurance that defendant would be permitted to go home after giving his statement did not create "a substantial risk that the defendant might falsely incriminate himself" (CPL 60.45 [b] [i]; see, People v Richardson, 202 A.D.2d 958, 959, lv denied 83 N.Y.2d 914). The unsworn testimony of the victim provided sufficient corroboration of defendant's admissions to support the conviction (see, CPL 60.50; People v Knights, 131 A.D.2d 924, 925-926, lv denied 70 N.Y.2d 713; People v Philipp, 106 A.D.2d 681, 682). The court properly excluded evidence of the results of defendant's polygraph examination (see, People v Shedrick, 66 N.Y.2d 1015, 1018, rearg denied 67 N.Y.2d 758).


Summaries of

People v. Hamelinck

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1024 (N.Y. App. Div. 1995)
Case details for

People v. Hamelinck

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HAMELINCK…

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

Date published: Dec 22, 1995

Citations

222 A.D.2d 1024 (N.Y. App. Div. 1995)
635 N.Y.S.2d 916

Citing Cases

People v. Wiley

We reject that contention ( see generally People v Whorley, 286 AD2d 858, 859, lv denied 97 NY2d 689). In…

People v. Rossi

Even assuming, arguendo, that defendant's contention is properly before us, we conclude that it is lacking in…