McCarthy v. Hernandez · ¶22

New York's intermediate appellate court (the Appellate Division, First Department) affirmed. People v. Hernan dez, 181 App. Div. 3d 530, 122 N. Y. S. 3d 11 (2020). It agreed with the trial court that Hernandez had not been in custody before he received the first Miranda warning and that after receiving the warnings he had knowingly and voluntarily waived his Miranda rights. The appellate court also ruled that the trial judge had responded to the jury note in accord with state law. Hernandez, 181 App. Div. 3d, at 532–533, 122 N. Y. S. 3d, at 14–15 (holding that the response was “correct” and “meaningful . . . on the subject of the voluntariness of confessions”). And it concluded that the verdict would have been the same even if the trial judge had instructed the jury on attenuation.

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