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49.5 hours of interrogation – Fourth Department deems this acceptable
No-Fault

49.5 hours of interrogation – Fourth Department deems this acceptable

By Jason Tenenbaum 8 min read

Key Takeaway

Fourth Department upholds confession after 49-hour interrogation with minimal sleep, raising serious questions about police procedure limits and constitutional protections.

The boundaries of acceptable police interrogation practices continue to evolve through court decisions, with some cases pushing the limits of what many would consider reasonable. Criminal defense cases often intersect with civil matters, as law enforcement procedures can impact various legal proceedings. While New York No-Fault Insurance Law typically deals with insurance coverage disputes, understanding how courts evaluate evidence and procedural fairness applies across multiple areas of law.

The Fourth Department’s recent decision in People v Guilford presents a stark example of how far interrogation practices can extend while still receiving judicial approval. This case raises important questions about the constitutional protections afforded to suspects during extended questioning periods.

Jason Tenenbaum’s Analysis:

People v Guilford, 2012 NY Slip Op 04475 (4th Dept. 2012)

Syracuse is known for a lot of things. A nice downtown, a very affordable standard of living, a well endowed and recognized University, and this thing called a “white hot”. Those scared me when I lived up there. Sorry, I never was a fan of Hofmann’s hot dogs.

But the SPD in this particular case? Unbelievable. And, the majority of the Fourth Department affirmed County Court’s order condoning a confession after some kid spent 49 hours with (8 hours of real questionable sleep) after what appears to be a harsh interrogation.

Key Takeaway

The Fourth Department’s decision to uphold a confession obtained after 49 hours of interrogation with minimal sleep highlights the ongoing tension between effective law enforcement and constitutional protections. This ruling demonstrates how courts sometimes prioritize confession validity over concerns about extended detention periods, setting precedent for what constitutes acceptable interrogation duration in New York’s criminal justice system.


Legal Update (February 2026): Since this 2012 decision, New York has enacted significant reforms to police interrogation procedures, including enhanced recording requirements and revised guidelines for extended questioning periods. Practitioners should verify current criminal procedure law provisions and recent Fourth Department precedents, as legislative changes and evolving case law may have altered the standards for evaluating prolonged interrogations.

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Filed under: No-Fault
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (6)

Archived from the original blog discussion.

J
JT Author
Okay, two people followed the hyperlink for Hofmann’s products. Is there anyone from Central New York or Western New York who can share any insight on their feelings towards Hofmann’s products? A lot of us from south of Westchester who lived in Syracuse just could never get into Hofmann’s products. Is it something that is endemic to the Syracuse and Rochester region? I never could get an answer.
LR
Larry Rogak
What am I missing here? The court wrote that the confession was made AFTER the interrogation ended, AFTER he had the opportunity to consult with his attorney and AFTER the attorney advised him to confess in order to cut a favorable deal. It would appear that he actually did kill the mother of his children.
CA
Captain America
Hey at least they didn’t water board him. Good thing he talked or they would have beat him. I am a capitalist that bemoans monopoly because a monopoly is just another form of centralized government/quasi goverment power. I believe in democracy. That being said you all should read Marx. Not as model of how things should be but as a explanation of why things get so messed up. Follow the money is the theme. Who owns the means of coercion — the police. Obviously not the citizens. You all might try to read the Constitution first.
DJ
Damin J. Toell
I think the title of the post is misleading. The trial court suppressed the statements made during the 49.5-hour interrogation, and the App. Div. affirmed this suppression. As the App. Div. opined, “the length of the interrogation was unparalleled and should in no way be condoned.”
CA
Captain America
The decision is absolutely fine. I took Mr. Toell’s lead and read it. In fact I am heartened by it. Usually nothing is ever suppressed. The defendant acted like most afflicted with criminal urges — stupid; because criminals are stupid. Read the IQ studies. See the movie Idiocracy. Stupid people breed faster then smart people. Can you imagine this country in say a hundred years. They’ll be spraying crops with gatorade instead of water — killing all of the crops and starving the people. It will be the end of the human race. A whole species of Tea Party Tea Baggers wiped out because of stupidity. I love it.
J
JT Author
But how do you attenuate 49.5 hours of mind control?

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