Can a defendant in custody give a spontaneous confession?
"New York", United States of America
The following excerpt is from People v. Lipsky, 102 Misc.2d 19, 423 N.Y.S.2d 599 (N.Y. Cty. Ct. 1979):
McKie, has been placed in that category of cases described as having spontaneous statements. In People v. Maerling, 46 N.Y.2d 289, 413 N.Y.S.2d 316, 385 N.E.2d 1245 it was pronounced that a confession may be admissible from a defendant in custody if his statements are genuinely spontaneous and not the result of inducement or provocation.
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