Legal Opinion
People v. Love
New York Court of Appeals
Decided November 9, 1982PublishedCited by 579 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant’s voluntary waiver is established by a finding of fact. That defendant was a patient in the Capital District Psychiatric Center at the time of waiver is not sufficient to meet defendant’s burden of persuasion, the People having shown the legality of the police conduct in the first instance (People v Di Stefano, 38 NY2d 640, 652). Thus, the finding was not improper.
Nor can we conclude on the present record that the assistance of counsel received by defendant was constitutionally ineffective.…
2Cases cited5 opinions
- People v. BrownNew York Court of Appeals · 1978
- People v. AikenNew York Court of Appeals · 1978
- People v. Di StefanoNew York Court of Appeals · 1976
- People v. BennettNew York Court of Appeals · 1972
- People v. JonesNew York Court of Appeals · 1981
3Cited by579 opinions
- People v. PequeNew York Court of Appeals · 2013
- Murden v. ArtuzCourt of Appeals for the Second Circuit · 2007
- Arnold Lynn v. Dennis Bliden, First Deputy Supt.Court of Appeals for the First Circuit · 2006
- People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2006
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