People v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, J.
We hold today that once a criminal proceeding has been commenced, a defendant, who has not made a valid waiver of his right to counsel, may not be subjected to custodial interrogation, in the absence of counsel, concerning crimes unrelated to the pending proceeding, even if an attorney has not as yet appeared for defendant in that proceeding. Under the same circumstances, we also hold that for the purpose of such an interrogation, defendant may not waive counsel in counsel’s absence.
On August 24, 1978, sometime before 8:00 a.m., Ms. Ricki Perlowitz reported to…
2Cases cited29 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. HobsonNew York Court of Appeals · 1976
- People v. SettlesNew York Court of Appeals · 1978
- People v. RogersNew York Court of Appeals · 1979
- People v. SamuelsNew York Court of Appeals · 1980
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3Cited by12 opinions
- People v. KazmarickNew York Court of Appeals · 1981
- People v. Van PeltNew York Court of Appeals · 1990
- People v. GriffithAppellate Division of the Supreme Court of the State of New York · 1981
- People v. ServidioAppellate Division of the Supreme Court of the State of New York · 1980
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1984
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