Legal Opinion

People v. Bing

New York Court of Appeals

Decided July 2, 1990PublishedCited by 292 opinions

1Opinion of the Court

*335OPINION OF THE COURT

Simons, J.

In People v Bartolomeo (53 NY2d 225), we held that a suspect, represented by counsel on a prior pending charge, may not waive his rights in the absence of counsel and answer questions on new unrelated charges. If the police are chargeable with knowledge of the prior representation, any statements the suspect makes, not only about the prior charges but also about the new charges, must be suppressed. Since the rule was announced nine years ago, scarcely a term of court has passed without a Bartolomeo issue being presented to us in one form or another. The three…

2Cases cited47 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Kirby v. IllinoisSupreme Court of the United States · 1972
  3. Moran v. BurbineSupreme Court of the United States · 1986
  4. Maine v. MoultonSupreme Court of the United States · 1985
  5. Helvering v. HallockSupreme Court of the United States · 1940

42 more not listed; retrieve them via the Exa API.

3Cited by292 opinions

  1. People v. HarrisNew York Court of Appeals · 1991
  2. People v. WestNew York Court of Appeals · 1993
  3. People v. LopezNew York Court of Appeals · 2011
  4. State v. Donald DD.New York Court of Appeals · 2014
  5. People v. RamosNew York Court of Appeals · 2002

287 more not listed; retrieve them via the Exa API.

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