Legal Opinion

People v. Mitchell

New York Court of Appeals

Decided May 8, 1984PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

Once defendant has indicated an interest in having counsel assigned during a criminal proceeding, a defendant may waive such counsel in the presence of a neutral magistrate, but only where the court has first undertaken a sufficient inquiry to insure that defendant appreciates the dangers and disadvantages inherent in giving up his right to counsel.

In the early hours of a cold winter’s morning, defendant, a 17-year-old male who had briefly left home on foot after a familial argument, telephoned the State Police and misrepresented that he had been involved in an…

2Cases cited8 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. People v. HarrisNew York Court of Appeals · 1983
  3. People v. SawyerNew York Court of Appeals · 1982
  4. In re Lawrence S.New York Court of Appeals · 1971
  5. People v. WhiteNew York Court of Appeals · 1982

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

3Cited by8 opinions

  1. People v. ProvidenceNew York Court of Appeals · 2004
  2. People v. SlaughterNew York Court of Appeals · 1991
  3. People v. Chin Min FooNew York Supreme Court · 1989
  4. People v. BartokAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. ChandlerAppellate Division of the Supreme Court of the State of New York · 1986

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

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