People v. Hauswirth
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Boomer, J.
The defendant appeals from a judgment of conviction, after trial, of the crimes of burglary in the second degree and attempted burglary in the second degree. The primary issue before us is whether the rule in People v Rogers (48 NY2d 167) should be extended to preclude noncustodial questioning by police of a suspect whom the police know is represented by counsel on an unrelated criminal matter.
In January of 1981, the defendant was arrested for criminal possession of stolen property and was arraigned in Town Court. At his arraignment he told the court he had…
2Cases cited10 opinions
- People v. HobsonNew York Court of Appeals · 1976
- People v. RogersNew York Court of Appeals · 1979
- People v. BartolomeoNew York Court of Appeals · 1981
- People v. SkinnerNew York Court of Appeals · 1980
- People v. KazmarickNew York Court of Appeals · 1981
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3Cited by20 opinions
- People v. DavisNew York Court of Appeals · 1990
- People v. BellNew York Court of Appeals · 1989
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 1983
- People v. HauswirthNew York Court of Appeals · 1983
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1988
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