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People v. Rios

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1986
123 A.D.2d 404 (N.Y. App. Div. 1986)

Opinion

September 22, 1986

Appeal from the Supreme Court, Kings County (Egitto, J.).


Judgment affirmed.

The defendant, whose right to counsel had attached, was being held in a cell at the police precinct. The police detective assigned to the case approached the defendant and inquired, "Do you know who I am?", to which the defendant responded, "It was self-defense and you know how many Colons were there?" The test used in determining whether a defendant's statement is spontaneous is whether an objective observer, with the same knowledge concerning the suspect as the police officer, would conclude that the remark or conduct of the police officer was reasonably likely to elicit an incriminating response (Rhode Is. v Innis, 446 U.S. 291; People v Papile, 113 A.D.2d 776). Under the circumstances herein, we find that the question was not likely to elicit an incriminating response, and the statement was, therefore, spontaneous and admissible (see also, People v Huffman, 61 N.Y.2d 795). Lawrence, J.P., Eiber, Kooper and Spatt, JJ., concur.


Summaries of

People v. Rios

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1986
123 A.D.2d 404 (N.Y. App. Div. 1986)
Case details for

People v. Rios

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH RIOS, Appellant

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

Date published: Sep 22, 1986

Citations

123 A.D.2d 404 (N.Y. App. Div. 1986)

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