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People v. Prince

Court of Appeals of the State of New York
Jun 5, 1980
408 N.E.2d 672 (N.Y. 1980)

Summary

In People v Prince (50 N.Y.2d 883), the Court of Appeals applied the Cunningham rule to conduct occurring in December of 1976, reversing a conviction rendered by Criminal Term, March 10, 1978 and affirmed without opinion by this court July 2, 1979.

Summary of this case from People v. Gordon

Opinion

Argued April 30, 1980

Decided June 5, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH R. CORSO, J.

Harry H. Levine for appellant.

Eugene Gold, District Attorney (A. David Stern of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's statement to Assistant District Attorney Friedman suppressed and a new trial ordered.

It being undisputed that defendant's second statement was made in custody after he had requested the assistance of counsel, suppression of that statement is required (People v Cunningham, 49 N.Y.2d 203). In the circumstances here presented, reception of that tainted statement into evidence cannot be deemed harmless error (see People v Garofolo, 46 N.Y.2d 592). We have examined defendant's remaining contentions and find them to be without merit.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order reversed, etc.


Summaries of

People v. Prince

Court of Appeals of the State of New York
Jun 5, 1980
408 N.E.2d 672 (N.Y. 1980)

In People v Prince (50 N.Y.2d 883), the Court of Appeals applied the Cunningham rule to conduct occurring in December of 1976, reversing a conviction rendered by Criminal Term, March 10, 1978 and affirmed without opinion by this court July 2, 1979.

Summary of this case from People v. Gordon
Case details for

People v. Prince

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PRINCE, Appellant

Court:Court of Appeals of the State of New York

Date published: Jun 5, 1980

Citations

408 N.E.2d 672 (N.Y. 1980)
408 N.E.2d 672
430 N.Y.S.2d 264

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