People v. Nichols
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: On appeal from his conviction of second degree burglary and petit larceny, defendant argues, inter alia, that the court erred in refusing to suppress his statements and that reversal is required as a result of the court clerk’s response to a jury request for the reading of certain testimony. We agree.
The court should have suppressed defendant’s postarrest statements on the ground that they were obtained in violation of his right to counsel, which attached indelibly upon the filing of the accusatory instrument and the…
2Cases cited14 opinions
- People v. MalloyNew York Court of Appeals · 1982
- People v. SamuelsNew York Court of Appeals · 1980
- People v. RiversNew York Court of Appeals · 1982
- People v. LynesNew York Court of Appeals · 1980
- People v. AhmedNew York Court of Appeals · 1985
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3Cited by8 opinions
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 1995
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2004
- People v. HernerNew York Supreme Court · 1993
- People v. WaggonerAppellate Division of the Supreme Court of the State of New York · 2023
- Cottrel v. New YorkDistrict Court, S.D. New York · 2003
3 more not listed; retrieve them via the Exa API.