People v. Boyd

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES BOYD, Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 22, 1983

448 N.E.2d 792 (N.Y. 1983)

448 N.E.2d 792

461 N.Y.S.2d 1007

Opinion

Argued February 10, 1983

Decided March 22, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERNARD A. FEENEY, JR., J., JAMES J. BATTISTI, J.

Michael J. Obus and Matthew Muraskin for appellant.

Denis Dillon, District Attorney ( Denise Parillo and Anthony J. Girese of counsel), for respondent.

Order affirmed. On the record it cannot be said that the courts below committed an error of law in concluding that the defendant's statements were spontaneous ( People v Rivers, 56 N.Y.2d 476; cf. Rhode Island v Innis, 446 U.S. 291).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.