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PRECEDENT ALLOWING VOLUNTARY POST-MIRANDA STATEMENTS TO BE USED TO IMPEACH REAFFIRMED.

The Court of Appeals, in a full-fledged opinion by Judge Pigott, reaffirmed its precedent allowing voluntary statements made after Miranda rights have been invoked to be used to impeach should the defendant take the stand:

This Court has long held that if a statement made by the defendant to the police is voluntary, it may be used for impeachment purposes; but if a statement is involuntary, it will not be admissible, even if it may be deemed reliable … . * * *

Here, County Court determined that the statements were voluntary and the Appellate Division affirmed that determination. …  …[T]here is nothing in the record to support defendant’s contention that [the interrogating officer] consciously circumvented defendant’s invocation of his Fifth Amendment rights or otherwise rendered defendant’s statements involuntary as a matter of law. Thus, it cannot be said that County Court abused its discretion in denying defendant’s motion to preclude the People from utilizing the statements on cross-examination or rebuttal. People v Wilson, 2016 NY Slip Op 06942, CtApp 10-25-16

 

CRIMINAL LAW (PRECEDENT ALLOWING VOLUNTARY POST-MIRANDA STATEMENTS TO BE USED TO IMPEACH REAFFIRMED)/EVIDENCE PRECEDENT ALLOWING VOLUNTARY POST-MIRANDA STATEMENTS TO BE USED TO IMPEACH REAFFIRMED)/STATEMENTS (CRIMINAL LAW, PRECEDENT ALLOWING VOLUNTARY POST-MIRANDA STATEMENTS TO BE USED TO IMPEACH REAFFIRMED

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