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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1995
212 A.D.2d 410 (N.Y. App. Div. 1995)

Opinion

February 14, 1995

Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).


The hearing court properly suppressed the gun since the officer's hearing a metallic thud inside the car did not establish a reasonable suspicion to believe a gun was present inside the car (see, Matter of Gregory M., 82 N.Y.2d 588, 591). Furthermore, since the defendants were being held at gunpoint by another officer, the flashlight search of the car could not be justified as a reasonable safety measure (see, People v. Torres, 74 N.Y.2d 224).

The hearing court properly suppressed the statement since the People failed to establish a knowing waiver of Miranda rights where one of the defendants translated the Miranda rights for the other Spanish-speaking defendants (see, People v. Romero, 78 N.Y.2d 355).

Concur — Murphy, P.J., Rosenberger, Williams and Tom, JJ.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1995
212 A.D.2d 410 (N.Y. App. Div. 1995)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN GONZALEZ…

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

Date published: Feb 14, 1995

Citations

212 A.D.2d 410 (N.Y. App. Div. 1995)
622 N.Y.S.2d 685

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