People v. Colon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Margett, J.
The principal issue in this case is whether a defendant can waive his right to the presence and assistance of counsel and make a statement to the police in the absence of counsel where he has been under indictment for nearly five months.
Defendant was indicted in September, 1975 for crimes arising from alleged sales of heroin to an undercover police officer in Newburgh, New York, in July, 1975. On February 24, 1976 defendant was taken into custody in New York City by two Newburgh police officers. Defendant, who had been in a holding cell at a New York City police…
2Cases cited23 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- People v. CrimminsNew York Court of Appeals · 1975
- Massiah v. United StatesSupreme Court of the United States · 1964
- Kirby v. IllinoisSupreme Court of the United States · 1972
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3Cited by4 opinions
- People v. StroudAppellate Division of the Supreme Court of the State of New York · 1978
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 1978
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1978
- People v. SellersAppellate Division of the Supreme Court of the State of New York · 1979