Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE, etc., respondent, v. Daniel MORRISON, Jr., appellant.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered April 26, 1995, convicting him of murder in the second degree (two counts), assault in the first degree (two counts), assault in the second degree, burglary in the first degree (two counts), and sexual abuse in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
In reviewing suppression issues on appeal, great weight must be accorded to the determination of the hearing court, with its particular advantages of having seen and heard the witnesses. Its determination should not be disturbed unless it is clearly unsupported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380). Under the circumstances of this case, the police properly approached the defendant and asked him his name (see, People v. Hollman, 79 N.Y.2d 181, 581 N.Y.S.2d 619, 590 N.E.2d 204; People v. De Bour, 40 N.Y.2d 210, 386 N.Y.S.2d 375, 352 N.E.2d 562). Further, the appellant was not in custody at the time that he accompanied the police to the crime scene and the police station (see, People v. Hicks, 68 N.Y.2d 234, 240, 508 N.Y.S.2d 163, 500 N.E.2d 861), and he voluntarily surrendered his pants, sneakers and socks to the police (see, Schneckloth v. Bustamonte, 412 U.S. 218, 227, 93 S.Ct. 2041, 36 L.Ed.2d 854; People v. Gonzalez, 39 N.Y.2d 122, 128-129, 383 N.Y.S.2d 215, 347 N.E.2d 575; People v. King, 222 A.D.2d 699, 635 N.Y.S.2d 672).
The appellant's remaining contention is without merit.
MEMORANDUM BY THE COURT.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 16, 1999
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)