Legal Opinion

People v. Byers

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1979PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Callahan, J.

Defendant was convicted of rape in the first degree (Penal Law, § 130.35, subd 1), and murder in the second degree (Penal Law, § 125.25, subd 3, "felony murder”). He maintains, inter alia, that his confession should have been excluded on the basis that it was the product of an improper continuation of interrogation after he had requested an attorney.

In the course of their investigation the police learned that the victim had left a girlfriend’s apartment early that morning with the defendant. At approximately 5:00 p.m. that evening police informed defendant of…

2Cases cited12 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Dunaway v. New YorkSupreme Court of the United States · 1979
  3. Michigan v. MosleySupreme Court of the United States · 1975
  4. People v. YuklNew York Court of Appeals · 1969
  5. People v. MaerlingNew York Court of Appeals · 1978

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. McNeeleyAppellate Division of the Supreme Court of the State of New York · 1980
  2. People v. McCullochAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. HopkinsAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. BaldiAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. DodtAppellate Division of the Supreme Court of the State of New York · 1983

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API