Legal Opinion · Dissent

People v. Gray

New York Court of Appeals

Decided March 31, 2016Published

1DissentStein, J.

Contrary to the majority’s determination, I believe that the detective’s trial testimony substantially undermined the prior suppression determination and that, under the facts of this case, defense counsel’s failure to move to reopen the suppression hearing deprived defendant of the effective assistance of counsel. Therefore, I respectfully dissent.

I

The victim was tragically shot and killed in his home. Four people were eventually charged with crimes in connection with his death, including defendant and his half brother, who were tried separately. At a pretrial Huntley hearing (see People v…

2Cases cited16 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. StultzNew York Court of Appeals · 2004
  3. People v. CabanNew York Court of Appeals · 2005
  4. People v. HuntleyNew York Court of Appeals · 1965
  5. People v. ChappleNew York Court of Appeals · 1975

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