Legal Opinion

The People v. Marcellus Johnson

New York Court of Appeals

Decided April 5, 2016No. 37PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

Defendant challenges the People’s use at his criminal trial of excerpts from certain recorded telephone calls defendant made to family and friends during his detention at Rikers Island Correctional Facility. The calls were recorded and made available to the prosecution by New York City’s Department of Correction (the Department), in accordance with the Department’s policy and practice of monitoring inmates’ telephone calls, and releasing those recordings, upon request, to the City’s District Attorneys’ Offices.

The conditions attendant to pretrial detention, which…

2Cases cited7 opinions

  1. People v. GrayNew York Court of Appeals · 1995
  2. United States v. HenrySupreme Court of the United States · 1980
  3. Fellers v. United StatesSupreme Court of the United States · 2004
  4. People v. PattersonNew York Court of Appeals · 1991
  5. People v. VelasquezNew York Court of Appeals · 1986

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3Cited by41 opinions

  1. People v. QuinnAppellate Division of the Supreme Court of the State of New York · 2022
  2. People v. CisseAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. DiazAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2016
  5. The People v. Gregory ViningNew York Court of Appeals · 2017

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