Legal Opinion

People v. Bethea

New York Court of Appeals

Decided May 13, 1986PublishedCited by 139 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This appeal presents the question whether in view of the possible inconsistency between our decision in People v Chap-pie (38 NY2d 112) and that of the Supreme Court in Oregon v Elstad (470 US 298) the rule declared by us in Chappie remains viable. We conclude that the mandate of NY Constitution, article I, § 6 that "[n]o person * * * shall * * * be compelled in any criminal case to be a witness against himself’ would have little deterrent effect if the police know that they can as part of a continuous chain of events question a suspect in custody without warning, provided…

3Cases cited10 opinions

  1. Oregon v. ElstadSupreme Court of the United States · 1985
  2. People v. AndersonNew York Court of Appeals · 1985
  3. People v. ChappleNew York Court of Appeals · 1975
  4. People v. FerroNew York Court of Appeals · 1984
  5. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903

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4Cited by139 opinions

  1. Martin H. Tankleff v. D.A. Senkowski, Superintendent of Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1998
  2. People v. PaulmanNew York Court of Appeals · 2005
  3. People v. MillanNew York Court of Appeals · 1987
  4. People v. StithNew York Court of Appeals · 1987
  5. Knight-Ridder Broadcasting, Inc. v. GreenbergNew York Court of Appeals · 1987

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

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