21 Cited authorities

  1. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 52,366 times   60 Legal Analyses
    Holding that law enforcement officers must warn an individual of certain constitutional rights and the consequences of waiving those rights prior to conducting a custodial interrogation
  2. Rhode Island v. Innis

    446 U.S. 291 (1980)   Cited 5,350 times   12 Legal Analyses
    Holding that a police officer's subjective intent to obtain incriminatory statements is not relevant to determining whether an interrogation has occurred
  3. Missouri v. Seibert

    542 U.S. 600 (2004)   Cited 1,600 times   14 Legal Analyses
    Holding that "[s]trategists dedicated to draining the substance out of" constitutional protections cannot accomplish by planning around these protections because it "effectively threatens to thwart [their] purpose"
  4. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,303 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
  5. People v. Paulman

    5 N.Y.3d 122 (N.Y. 2005)   Cited 234 times   1 Legal Analyses
    In People v. Paulman, 5 N.Y.3d 122, 128, 800 N.Y.S.2d 96, 833 N.E.2d 239 (2005), we affirmed the suppression of several of the defendant's statements " [a]lthough our analysis differs in some respects from that of the Appellate Division."
  6. People v. Brown

    45 N.Y.2d 852 (N.Y. 1978)   Cited 478 times
    Holding that because, "[g]enerally, the ineffectiveness of counsel is not demonstrable on the main record,... it would be better, and in some cases essential, that an appellate attack on the effectiveness of counsel be bottomed on an evidentiary exploration by collateral or post-conviction proceedings brought under CPL 440.10"
  7. People v. Rivers

    56 N.Y.2d 476 (N.Y. 1982)   Cited 268 times
    In Rivers, at the time the defendant inquired as to the basis of the charge, the officer was simply recording defendant's arrest in the station house log, a routine police activity.
  8. People v. Ferro

    63 N.Y.2d 316 (N.Y. 1984)   Cited 244 times   2 Legal Analyses
    In Ferro, the New York Court of Appeals found that the defendant's Miranda rights had been violated where police officers displayed furs stolen from a murder victim in front of the defendant after he had refused to make a statement and requested to speak with the District Attorney.
  9. People v. Buckley

    75 N.Y.2d 843 (N.Y. 1990)   Cited 133 times
    In Buckley, the defendant was convicted of criminal possession of stolen property in the second degree (Penal Law § 165.45 [former (1)]), based upon his possession, along with his codefendants, of four stolen radar detectors that were owned by four different individuals, the aggregate value of which exceeded $250. Individually, however, the four stolen radar detectors did not have a value in excess of $250. Defense counsel contended that, because the four stolen radar detectors each belonged to different owners, each stolen radar detector amounted to a different offense (see Buckley, 75 NY2d at 845-846).
  10. People v. Bethea

    67 N.Y.2d 364 (N.Y. 1986)   Cited 146 times
    Rejecting Elstad under state constitution