People v. Sanad
The People moved to reargue the court's September 5, 2014 decision that granted the defendant's motion for a Huntley hearing. The defendant, a police officer, was questioned by an Assistant District Attorney (ADA) regarding a prior arrest report, recanting an earlier statement where she claimed to have witnessed an assault. The People argued the defendant was not in custody or interrogated, thus not entitled to a Huntley hearing. The defendant countered that her statement was compelled, potentially under threat of job forfeiture, making it involuntary. The court granted the reargument motion but ultimately adhered to its prior decision, citing People v Weaver which mandates a Huntley hearing whenever a defendant claims a statement was involuntary. The court will determine the voluntariness of the statement by reviewing the totality of the circumstances at the hearing.