Legal Opinion

People v. Dean

New York Court of Appeals

Decided July 9, 1979PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the plea vacated, and the motion to suppress granted.

In response to a series of questions posed by an Assistant District Attorney, defendant, while in police custody, refused to make a statement to the authorities without the assistance of an attorney. On the conceded facts, it must be held as a matter of law that defendant requested the assistance of counsel (People v Hinton, 45 NY2d 941; People v Clark, 45 NY2d 432, 436, 439). As a result, the police and the prosecutor became duty bound not to question…

2Cases cited5 opinions

  1. People v. ArthurNew York Court of Appeals · 1968
  2. People v. GrantNew York Court of Appeals · 1978
  3. People v. ClarkNew York Court of Appeals · 1978
  4. People v. ErmoNew York Court of Appeals · 1979
  5. People v. HintonNew York Court of Appeals · 1978

3Cited by21 opinions

  1. People v. CunninghamNew York Court of Appeals · 1980
  2. People v. CortiAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. Carmine A.New York Court of Appeals · 1981
  4. People v. BanksNew York Court of Appeals · 1981
  5. People v. ByersAppellate Division of the Supreme Court of the State of New York · 1979

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