People v. Smith
New York Court of Appeals
POINTS OF COUNSEL I. Defendant’s right to counsel had attached before his statement was taken. (.Matter of Ella B., 30 NY2d 352; Matter of Vance A., 105 Mise 2d 254; People v Steele, 113 Mise 2d 658; Matter of Madeline G. v David R., 95 Mise 2d 273; Matter of Marilyn H., 106 Mise 2d 972; Matter of Shalom S., 88 AD2d 936; People v Settles, 46 NY2d 154; People v Blake, 35 NY2d 331; Kirby v Illinois, 406 US 682; People v Skinner, 52 NY2d 24.) II.
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POINTS OF COUNSEL I. Defendant’s right to counsel had attached before his statement was taken. (.Matter of Ella B., 30 NY2d 352; Matter of Vance A., 105 Mise 2d 254; People v Steele, 113 Mise 2d 658; Matter of Madeline G. v David R., 95 Mise 2d 273; Matter of Marilyn H., 106 Mise 2d 972; Matter of Shalom S., 88 AD2d 936; People v Settles, 46 NY2d 154; People v Blake, 35 NY2d 331; Kirby v Illinois, 406 US 682; People v Skinner, 52 NY2d 24.) II. Under the circumstances of this case, defendant did not voluntarily and intelligently waive his right to counsel. CMiranda v Arizona, 384 US 436;…
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
A child abuse or neglect proceeding under article 10 of the Family Court Act is a civil proceeding for the protection of the child alleged to be abused or neglected. Notwithstanding the requirement of section 262 of the Family Court Act that when the person named in such a petition first appears in court the Judge shall before proceeding advise him or her of the right to counsel, the filing of such a petition is neither the initiation of a criminal proceeding nor such significant judicial activity in relation to a criminal proceeding as will trigger the person’s…
2Cases cited25 opinions
- Kirby v. IllinoisSupreme Court of the United States · 1972
- People v. SettlesNew York Court of Appeals · 1978
- People v. RogersNew York Court of Appeals · 1979
- People v. SamuelsNew York Court of Appeals · 1980
- People v. Yut Wai TomNew York Court of Appeals · 1981
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3Cited by52 opinions
- Jackson v. ConwayCourt of Appeals for the Second Circuit · 2014
- People v. RoselleNew York Court of Appeals · 1994
- In re WestchesterAppellate Division of the Supreme Court of the State of New York · 1985
- In re Nicole V.Appellate Division of the Supreme Court of the State of New York · 1987
- Williams v. SavoryDistrict Court, S.D. New York · 2015
47 more not listed; retrieve them via the Exa API.