People v. Simmons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed and new trial granted on count 13 of the indictment in accordance with the following Memorandum: Defendant contends that his statement to the police was obtained in violation of his right to counsel. Although the issue may be raised for the first time on appeal (see, People v Banks, 53 NY2d 819, 821; People v Dyson, 221 AD2d 1004 [decided herewith]), the record does not contain facts sufficient to permit appellate review of that contention (see, People v Steele, 135 AD2d 673, lv denied 70 NY2d 1011; People v Donovon, 107 AD2d…
2Cases cited11 opinions
- People v. SpannNew York Court of Appeals · 1982
- People v. DonovonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BanksNew York Court of Appeals · 1981
- People v. BonesAppellate Division of the Supreme Court of the State of New York · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matthews v. BarrCourt of Appeals for the Second Circuit · 2019
- People v. ChaseAppellate Terms of the Supreme Court of New York · 2000
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AfiaCriminal Court of the City of New York · 2007
- People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1995
9 more not listed; retrieve them via the Exa API.