Legal Opinion · Concurrence

People v. Carmona

New York Court of Appeals

Decided December 20, 1993Published

1ConcurrenceSmith, J.

The issues here are whether the testimony of two ministers was received at trial in violation of defendant’s statutory priest-penitent privilege1 despite the fact that defendant denies making any confession to them, whether he waived that privilege, if it is applicable in this case, and whether defendant’s account of his statements to the two ministers is precluded in any event as a violation of his constitutional right to counsel. We agree that the order of the Appellate Division upholding the murder conviction should be affirmed but do so for reasons different from our colleagues.

No…

2Cases cited20 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Kirby v. IllinoisSupreme Court of the United States · 1972
  3. People v. SettlesNew York Court of Appeals · 1978
  4. People v. DodtNew York Court of Appeals · 1984
  5. People v. SamuelsNew York Court of Appeals · 1980

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