Legal Opinion

People v. Trovato

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

Decided December 15, 2009PublishedCited by 9 opinions

1Opinion of the Court

The defendant’s contention that two civilians, one of whom was her aunt, acted as agents of the police when they obtained statements from her in violation of her right to counsel is without merit. With respect to recordings of telephone calls made by the defendant’s aunt, the conduct of the defendant’s aunt was not “so pervaded by governmental involvement that it los[t] its character as [private conduct] and invoke [d] the full panoply of constitutional protections” (People v Ray, 65 NY2d 282, 286 [1985]). Instead, the telephone calls were made by a person acting privately, and did not “fall…

2Cases cited37 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  5. People v. BaldiNew York Court of Appeals · 1981

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3Cited by9 opinions

  1. People v. LynchAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. HollmanAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. RobersonAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2012

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