In People v. Gray , Roy Gray was taken into custody in North Carolina for his involvement in the New York shooting death of Levi Bernard.
New York City Police Detective DePaolis traveled to North Carolina to return Gray to New York and to question him about the shooting. After DePaolis advised Gray of his rights, Gray supposedly accepted responsibility for the murder. DePaolis then handled Gray a written version of North Carolina's Miranda warnings, which Gray signed and dated.
Detective DePaolis waited until he received a copy of an official "Miranda" form used by the New York City Police Department and, after a forty-five minute delay, Gray again waived his rights and began speaking about his involvement in the murder.
When he was eventually tried in the Bronx County Supreme Court, Gray moved to suppress the introduction of the statements made during the interrogation process. After that motion was granted, an appeal to the Appellate Division, First Department, ensued.
According to the AD1, there was no evidence that Gray's constitutional rights had been violated. Not only had he been given repeated oral and written advisories, but Gray's "extensive 10-year criminal record" reinforced that the defendant acted knowingly and voluntarily. As a result, there was no need to prevent the introduction of Gray's admissions at trial.
Nothing Gray about that.
To download a copy of the Appellate Division's decision, please use this link: People v. Gray