(DOWNLOAD) "People State New York v. William Davis" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. William Davis
- Author : Court of Appeals of New York
- Release Date : January 24, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
After a hearing on defendants motion to suppress his inculpatory statements, the trial court found that proper Miranda warnings were given to defendant while he was in custody, that he understood these rights, that he made no request for an attorney thereafter, that no threats, coercion, pressure or tricks of any nature occurred, that defendant was questioned two or three minutes after the Miranda warnings were given, and that defendant had been arrested on approximately 11 prior occasions. In light of the Appellate Divisions affirmance of these factual determinations we cannot say, as a matter of law, that defendant failed to exercise a knowing and intelligent, albeit implicit, waiver of his Miranda rights to remain silent and to have counsel present during custodial interrogation. No express waiver of these rights was required (North Carolina v Butler, 441 U.S. 369, 373).
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