Legal Opinion

People v. Brooks

New York Supreme Court

Decided March 12, 1980PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Irving Lang, J.

To the plethora of pretrial motions and proceedings which have characterized the criminal law revolution of the 1960’s and 1970’s, a new mutation has been spawned, the Massiah-Hobson hearing.

The issue to be determined is whether to exclude from evidence surreptitiously recorded statements of the defendant made after he had been arrested in New York, retained counsel and was released on bail. The statements were recorded when defendant telephoned an alleged accomplice who, unbeknownst to him, was acting as a police informant for the purpose of participating…

2Cases cited21 opinions

  1. Massiah v. United StatesSupreme Court of the United States · 1964
  2. Brewer v. WilliamsSupreme Court of the United States · 1977
  3. Spano v. New YorkSupreme Court of the United States · 1959
  4. People v. HobsonNew York Court of Appeals · 1976
  5. People v. SettlesNew York Court of Appeals · 1978

16 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. EubanksAppellate Terms of the Supreme Court of New York · 1982
  2. People v. DabneyAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1981

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

Powered by the Exa API