23 Cited authorities

  1. Johnson v. Zerbst

    304 U.S. 458 (1938)   Cited 8,316 times   17 Legal Analyses
    Holding that a waiver of constitutional rights must be knowing and intelligent
  2. People v. Rosario

    9 N.Y.2d 286 (N.Y. 1961)   Cited 1,557 times
    Holding that trial court erred by failing to compel prosecution to turn over witnesses' prior statements relating to their trial testimony
  3. People v. Bing

    76 N.Y.2d 331 (N.Y. 1990)   Cited 296 times
    In Bing, the New York Court of Appeals held that a criminal defendant, who had been represented by counsel on prior pending unrelated charges, was not deprived of the right to counsel under the State Constitution where, in the absence of counsel, the defendant waived his or her Miranda rights and made statements in response to police questioning on matters unrelated to the prior pending charge.
  4. People v. Banch

    80 N.Y.2d 610 (N.Y. 1992)   Cited 141 times
    In Banch, the Court of Appeals noted that when "the Rosario violation is not a complete failure to disclose the material but rather a delay in its disclosure[,]... reversal is not required unless the delay substantially prejudiced the defendant."
  5. People v. West

    615 N.E.2d 968 (N.Y. 1993)   Cited 138 times   1 Legal Analyses
    Imposing on police the burden of determining whether representation by counsel continued where a suspect was interviewed a second time after three years had elapsed and noting that "[t]he State right to counsel is a cherished principle, rooted in this State's prerevolutionary constitutional law and developed independent of its Federal counterpart"
  6. People v. Cohen

    90 N.Y.2d 632 (N.Y. 1997)   Cited 75 times
    In Cohen, the defendant was represented by counsel on a burglary/weapons theft charge and the police knew that he was represented by counsel on this matter.
  7. People v. Steward

    88 N.Y.2d 496 (N.Y. 1996)   Cited 57 times

    Argued April 24, 1996 Decided June 11, 1996 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, James W. McCarthy, J. Kimberly A. Jordan, Syracuse, for appellant. William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse ( Gary T. Kelder and James P. Maxwell of counsel), for respondent. Charles J. Hynes, District Attorney of Kings County, Brooklyn, and Steven A. Hovani, Riverhead, for New York State District Attorneys Association, amicus curiae

  8. People v. Pacquette

    2011 N.Y. Slip Op. 4717 (N.Y. 2011)   Cited 23 times

    No. 112. Argued May 3, 2011. Decided June 7, 2011. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered May 18, 2010. The Appellate Division modified, as a matter of discretion in the interest of justice, a judgment of the Supreme Court, Kings County (Alan D. Marrus, J.), which had convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree

  9. U.S. v. Seeright

    978 F.2d 842 (4th Cir. 1992)   Cited 44 times
    Finding that a juror's personal investigation and sharing of result with rest of panel did not warrant a mistrial because the trial judge dismissed the offending juror and questioned each of the other jurors individually and specifically until he was satisfied that they were neither tainted nor prejudiced
  10. People v. Ramos

    40 N.Y.2d 610 (N.Y. 1976)   Cited 74 times
    In Ramos, we held that the statement by the lawyer appearing on Ramos's behalf at his Bronx arraignment on charges of drug possession — that he had "advised Mr. Santiago [Ramos] not to make any statements to these police officers who are taking him into custody" (40 NY2d at 616) — sufficed to signal to the officers the lawyer's entry into Ramos's unrelated Manhattan homicide case, and thereby triggered Ramos's indelible right to counsel in that case.