Legal Opinion · Dissent

People v. McLean

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

Decided August 8, 2013Published

1DissentMcCarthy, J.

Because I find, on two separate grounds, that the police did not meet their burden of resolving ambiguity regarding defendant’s representation by counsel prior to questioning him, thereby violating his indelible right to counsel, I respectfully dissent.

The right to counsel is a “cherished principle” that requires “[t]he highest degree of [judicial] vigilance ... to safeguard it” (People v West, 81 NY2d 370, 373 [1993] [internal quotation marks and citations omitted]). Defendant’s right to counsel with respect to the Leonder Goodwin murder investigation indelibly attached in 2003 and was not,…

2Cases cited16 opinions

  1. People v. HobsonNew York Court of Appeals · 1976
  2. People v. WestNew York Court of Appeals · 1993
  3. People v. LopezNew York Court of Appeals · 2011
  4. People v. GriceNew York Court of Appeals · 2003
  5. People v. RamosNew York Court of Appeals · 1976

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