Legal Opinion
People v. Pepper
New York Court of Appeals
Decided June 16, 1981PublishedCited by 140 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
Crucial to these three appeals, each emanating from a conviction of a felony unrelated to the others, is a common question. It calls upon us to determine what retrospective effect, if any, is to be accorded our decision in People v Samuels (49 NY2d 218), where in essence we held that once an accusatory instrument has been filed a defendant cannot waive his constitutional right to counsel save in the presence of counsel.
The Samuels rationale rested on a fundamental and uncomplicated principle, that once an accusatory instrument is filed, viewed realistically,…
2Cases cited19 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Stovall v. DennoSupreme Court of the United States · 1967
- Desist v. United StatesSupreme Court of the United States · 1969
- Watts v. IndianaSupreme Court of the United States · 1949
- United States v. PeltierSupreme Court of the United States · 1975
14 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- Kuhlmann v. WilsonSupreme Court of the United States · 1986
- The People v. Joseph Conceicao / The People v. Federico Perez / The People v. Javier SanchezNew York Court of Appeals · 2015
- People v. RudolphNew York Court of Appeals · 2013
- People v. VasquezNew York Court of Appeals · 1996
- People v. FavorNew York Court of Appeals · 1993
135 more not listed; retrieve them via the Exa API.