People v. Brown

OPINION OF THE COURT

Sheldon S. Levy, J.

Can information obtained directly from a defendant — without Miranda warnings and in the absence of counsel — for use on arraignment in determining eligibility for recognizance or bail release, be employed against the defendant at trial?

In the past three years, a handful of Judges, including this court, have dictated decisions on this subject off the Bench and offhand. The more than 200 employees of the New York City Criminal Justice Agency (hereinafter CJA), whose diligent interviewers gather and process such necessary information, deserve something…