Legal Opinion

People v. Brown

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

Decided November 12, 1999No. Appeal No. 1PublishedCited by 28 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the first degree (Penal Law § 120.10 [3]) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Defendant contends that County Court erred in denying his motion to suppress oral statements taken in violation of his Miranda rights, and that the prosecutor engaged in misconduct in eliciting, and that defense counsel was ineffective in failing to object to, evidence of defendant’s silence.

The court erred in denying the motion to suppress. A suspect’s right to…

2Cases cited15 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. BaldiNew York Court of Appeals · 1981
  4. Michigan v. MosleySupreme Court of the United States · 1975
  5. People v. SatterfieldNew York Court of Appeals · 1985

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3Cited by28 opinions

  1. State v. RogersNebraska Supreme Court · 2009
  2. Perkins v. HerbertCourt of Appeals for the Second Circuit · 2010
  3. People v. LegereAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. LauderdaleAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. HenryAppellate Division of the Supreme Court of the State of New York · 2015

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