Legal Opinion

People v. Claudio

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

Decided March 15, 1982PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Weinstein, J.

Several issues with significant constitutional ramifications are raised by this appeal. The primary issue is whether a defendant’s confession to law enforcement personnel made prior to the initiation of formal judicial proceedings should be suppressed because it was the result of incompetent advice given by an attorney whom the defendant retained. We are of the opinion that where the law enforcement personnel did nothing to persuade the attorney to give the advice, the confession should not be suppressed.

A. facts

i

At approximately 4:10 a.m. on May 15,1980, in…

2Cases cited50 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Edwards v. ArizonaSupreme Court of the United States · 1981
  3. People v. BaldiNew York Court of Appeals · 1981
  4. Escobedo v. IllinoisSupreme Court of the United States · 1964
  5. Rhode Island v. InnisSupreme Court of the United States · 1980

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

3Cited by23 opinions

  1. Angel Claudio v. Charles Scully, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1992
  2. People v. ClaudioNew York Court of Appeals · 1993
  3. People v. DodtAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. MedveckyAppellate Division of the Supreme Court of the State of New York · 1983
  5. Claudio v. HellerNew York Supreme Court · 1983

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

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