Legal Opinion
The People v. Everett M. Durant
New York Court of Appeals
Decided November 23, 2015No. 166PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Abdus-Salaam, J.
The increasing availability of electronic recording technology raises many complex questions of law and policy in the realm of criminal justice, most of which we cannot and do not resolve in this case. Instead, we are confronted here with a single narrow question: does the common law invariably require a court to issue an adverse inference instruction against the People at trial based solely on the police’s failure to electronically record the custodial interrogation of a defendant? We answer this question in the negative. Leaving aside whether a trial…
2Cases cited18 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. GonzalezNew York Court of Appeals · 1986
- Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
- People v. MartinezNew York Court of Appeals · 1988
- People v. SavinonNew York Court of Appeals · 2003
13 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- PennyMac Corp. v. ChavezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. GreshamAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GertzAppellate Division of the Supreme Court of the State of New York · 2022
- People v. AustinAppellate Division of the Supreme Court of the State of New York · 2015
- People v. GomezAppellate Division of the Supreme Court of the State of New York · 2016
27 more not listed; retrieve them via the Exa API.