People v. Marshall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
This appeal concerns the admissibility of a confession which, although given after Miranda warnings (see Miranda v Arizona, 384 US 436), was suppressed because the defendant’s voluntary waiver of counsel was not made in the presence of an attorney. The appeal calls upon us to apply the holdings of a series of cases by which our Court of Appeals has progressively expanded a suspect’s right to counsel during police interrogation. The defendant here, relying on those holdings, succeeded in having his confession suppressed essentially because in a prior case he…
2Cases cited29 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Kirby v. IllinoisSupreme Court of the United States · 1972
- Brewer v. WilliamsSupreme Court of the United States · 1977
- People v. HobsonNew York Court of Appeals · 1976
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3Cited by20 opinions
- People v. GeeAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CasianoAppellate Division of the Supreme Court of the State of New York · 1986
- People v. HellerAppellate Division of the Supreme Court of the State of New York · 1984
- People v. MargoliesNew York Supreme Court · 1984
- People v. BeverlyAppellate Division of the Supreme Court of the State of New York · 1984
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