People v. Otero
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Rena K. Uviller, J.
The New York Court of Appeals and the United States Court of Appeals for the Second Circuit are in irreconcilable conflict over the issue presented here: Whether the right to counsel of a defendant indicted for murder is violated by a police-arranged taping of his attempt to bribe a witness, thereby precluding the use of the tape against him in the murder trial as evidence of his consciousness of guilt. (Compare, People v Mealer, 57 NY2d 214 [1982]; Mealer v Jones, 741 F2d 1451 [1984].) This issue arises in the context of a motion by the People to…
2Cases cited14 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Powell v. AlabamaSupreme Court of the United States · 1932
- Massiah v. United StatesSupreme Court of the United States · 1964
- White v. MarylandSupreme Court of the United States · 1963
- People v. RogersNew York Court of Appeals · 1979
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3Cited by1 opinion
- People v. OteroAppellate Division of the Supreme Court of the State of New York · 1987