14 Cited authorities

People v. Gonzalez
68 N.Y.2d 424 (N.Y. 1986) Cited 984 times 2 Legal Analyses
In People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.
Commonwealth v. DiGiambattista
442 Mass. 423 (Mass. 2004) Cited 188 times 2 Legal Analyses
Holding that when the prosecution introduces evidence of a defendant's custodial confession and there is not an audio recording of the complete interrogation, upon request, the defendant is entitled to a cautionary instruction "that the State's highest court has expressed a preference that such interrogations be recorded," and the jury should weigh "the evidence of the defendant's alleged statement with great caution and care"
State v. Scales
518 N.W.2d 587 (Minn. 1994) Cited 219 times
Holding that the failure to record an interrogation is a violation of the due process clause of the Minnesota Constitution
People v. Handy
2013 N.Y. Slip Op. 2103 (N.Y. 2013) Cited 81 times
In Handy, a police surveillance system created a series of images depicting a portion of the defendant's alleged jailhouse assault on some sheriff's deputies, and those images remained in the possession of the police (see id. at 666, 966 N.Y.S.2d 351, 988 N.E.2d 879).
Stephan v. State
711 P.2d 1156 (Alaska 1985) Cited 170 times
Holding that the failure to record an interrogation is a violation of the due process clause of the Alaska Constitution
People v. Carr
2010 N.Y. Slip Op. 2677 (N.Y. 2010) Cited 32 times
No. 50. Argued February 17, 2010. Decided April 1, 2010. 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 Fourth Judicial Department, entered February 6, 2009. The Appellate Division affirmed a judgment of the Supreme Court, Erie County (Russell E Buscaglia, J.), which had convicted defendant, upon a jury verdict, of attempted murder in the second degree, criminal possession of a weapon in the second degree, criminal
State v. Hajtic
724 N.W.2d 449 (Iowa 2006) Cited 28 times
Finding defendant, who had validly waived his Miranda rights, "lacked only one month of being eighteen"
People v. Cefaro
23 N.Y.2d 283 (N.Y. 1968) Cited 102 times
In People v. Cefaro (23 N.Y.2d 283), there would have been no point in directing the defendant to follow this procedure.
State v. Barnett
147 N.H. 334 (N.H. 2001) Cited 24 times
Electing “to exercise supervisory jurisdiction over our trial courts to ensure the fair administration of justice”
People v. Falkenstein
288 A.D.2d 922 (N.Y. App. Div. 2001) Cited 23 times
In People v. Falkenstein, 288 A.D.2d 922, 732 N.Y.S.2d 817, 818 (2001), the Appellate Division of the Supreme Court of New York held that a trial court did not err in allowing a prosecutor to peremptorily strike a prospective juror who had difficulty hearing.

The People, Respondent,v.Everett M. Durant, Appellant.

14 Cited authorities

In People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.

Holding that the failure to record an interrogation is a violation of the due process clause of the Minnesota Constitution

In Handy, a police surveillance system created a series of images depicting a portion of the defendant's alleged jailhouse assault on some sheriff's deputies, and those images remained in the possession of the police (see id. at 666, 966 N.Y.S.2d 351, 988 N.E.2d 879).

Holding that the failure to record an interrogation is a violation of the due process clause of the Alaska Constitution

Finding defendant, who had validly waived his Miranda rights, "lacked only one month of being eighteen"

In People v. Cefaro (23 N.Y.2d 283), there would have been no point in directing the defendant to follow this procedure.

Electing “to exercise supervisory jurisdiction over our trial courts to ensure the fair administration of justice”

In People v. Falkenstein, 288 A.D.2d 922, 732 N.Y.S.2d 817, 818 (2001), the Appellate Division of the Supreme Court of New York held that a trial court did not err in allowing a prosecutor to peremptorily strike a prospective juror who had difficulty hearing.