Legal Opinion

People v. McCullough

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: We agree with defendant that, "[b]efore proceeding in defendant’s absence, the court should have made inquiry and recited on the record the facts and reasons it relied upon [to determine whether] defendant’s absence was deliberate” (People v Brooks, 75 NY2d 898, 899, mot to amend remittitur granted 76 NY2d 746; see also, People v Parker, 57 NY2d 136, 142). The record establishes that, when the suppression hearing commenced, the court noted defendant’s absence…

2Cases cited2 opinions

  1. People v. ParkerNew York Court of Appeals · 1982
  2. People v. BrooksNew York Court of Appeals · 1990

3Cited by2 opinions

  1. People v. LambAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2001

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API