§Why CasetextPricing

The People, Appellant,v.Bryan Henry, Respondent.

Brief

25 Cited authorities

  1. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,228 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment

  2. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 224 times
    Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

  3. People v. Bing

    76 N.Y.2d 331 (N.Y. 1990)   Cited 310 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. Rogers

    48 N.Y.2d 167 (N.Y. 1979)   Cited 340 times   1 Legal Analyses
    In Rogers, the New York Court of Appeals held that where an arrestee is represented by counsel on an unrelated charge, and counsel orders the police to cease their questioning, the arrestee may not be questioned further unless counsel is present. 48 N.Y.2d at 169.

  5. People v. Harris

    77 N.Y.2d 434 (N.Y. 1991)   Cited 176 times
    Holding the Harris rule does not protect New York citizens under the New York Constitution

  6. People v. Lopez

    2011 N.Y. Slip Op. 1316 (N.Y. 2011)   Cited 83 times   1 Legal Analyses
    Holding that police officer who questioned defendant in custody about an unrelated matter was required to make a reasonable inquiry concerning the defendant's representational status before commencing interrogation, where the circumstances, such as fact that bail had been set, indicated that there was a probable likelihood that an attorney had entered the custodial matter, and the accused was actually represented on the custodial charge

  7. People v. Arthur

    22 N.Y.2d 325 (N.Y. 1968)   Cited 245 times
    In People v. Arthur, 22 N.Y.2d 325, 292 N.Y.S.2d 663, 239 N.E.2d 537 (1968), the New York Court of Appeals indicated that it would limit the De Renzzio rule to situations where "trial counsel not only failed to object to the introduction of * * * [the] statements but * * * strategically used them in defense of his client."

  8. People v. Cohen

    90 N.Y.2d 632 (N.Y. 1997)   Cited 77 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.

  9. People v. Townes

    41 N.Y.2d 97 (N.Y. 1976)   Cited 134 times   1 Legal Analyses
    Holding that defendant's "free and independent action" in assaulting police officers "render[ed] any `connection between the lawless conduct of the police and the discovery of the challenged evidence . . . "so attenuated as to dissipate the taint"'"

  10. 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