You are here: / / DEFENDANT DID NOT UNDERSTAND HE HAD A RIGHT TO AN ATTORNEY AT THE TIME...
,

DEFENDANT DID NOT UNDERSTAND HE HAD A RIGHT TO AN ATTORNEY AT THE TIME HIS STATEMENTS WERE MADE EVEN IF HE COULD NOT AFFORD ONE, BOTH STATEMENTS SHOULD HAVE BEEN SUPPRESSED (FIRST DEPT).

The First Department, vacating defendant’s guilty plea, determined that the People did not demonstrate defendant understood he had a right to an attorney at the time he made statement, even if he could not afford one. Both of his statements should have been suppressed:

​

… [T]he People failed to establish that defendant made a knowing and intelligent waiver of his Miranda rights before giving oral and written statements to a detective at the precinct. In a videotaped statement to the prosecutor, made several hours after the statements to the detective, defendant said, “I cannot pay for a lawyer, why do I write yes or no.” The prosecutor then said, “[D]o you understand if you can’t, the Court will give you one?,” to which defendant responded, “[S]o I put no.” After the prosecutor reread the warnings defendant stated, “[Y]es, I need to have a lawyer . . . I cannot pay a lawyer.” The prosecutor next asked, “[B]ut do you understand that one will be provided if you cannot pay,” and defendant again stated “yes, but I can’t pay for a lawyer.” Finally, the prosecutor told defendant, “[O]kay, so you can write yes’ if you understand, and no’ if you don’t understand,” and defendant said, “[Y]es, I do understand.” Based on this exchange, the court correctly suppressed defendant’s videotaped statement. Given defendant’s failure to comprehend that he had the right to an attorney at the time of his statements if he could not afford one, it is evident that defendant’s previous statement to the detective should also be suppressed … .

We find that the error was not harmless, because there is a reasonable possibility that it contributed to defendant’s guilty plea … . People v Flores, 2017 NY Slip Op 06629, First Dept 9-26-17

 

CRIMINAL LAW (DEFENDANT DID NOT UNDERSTAND HE HAD A RIGHT TO AN ATTORNEY AT THE TIME HIS STATEMENTS WERE MADE EVEN IF HE COULD NOT AFFORD ONE, BOTH STATEMENTS SHOULD HAVE BEEN SUPPRESSED (FIRST DEPT))/EVIDENCE (CRIMINAL LAW, DEFENDANT DID NOT UNDERSTAND HE HAD A RIGHT TO AN ATTORNEY AT THE TIME HIS STATEMENTS WERE MADE EVEN IF HE COULD NOT AFFORD ONE, BOTH STATEMENTS SHOULD HAVE BEEN SUPPRESSED (FIRST DEPT))/ATTORNEYS (CRIMINAL LAW, DEFENDANT DID NOT UNDERSTAND HE HAD A RIGHT TO AN ATTORNEY AT THE TIME HIS STATEMENTS WERE MADE EVEN IF HE COULD NOT AFFORD ONE, BOTH STATEMENTS SHOULD HAVE BEEN SUPPRESSED (FIRST DEPT))/SUPPRESSION (STATEMENTS, CRIMINAL LAW, DEFENDANT DID NOT UNDERSTAND HE HAD A RIGHT TO AN ATTORNEY AT THE TIME HIS STATEMENTS WERE MADE EVEN IF HE COULD NOT AFFORD ONE, BOTH STATEMENTS SHOULD HAVE BEEN SUPPRESSED (FIRST DEPT))/MIRANDA WARNINGS DEFENDANT DID NOT UNDERSTAND HE HAD A RIGHT TO AN ATTORNEY AT THE TIME HIS STATEMENTS WERE MADE EVEN IF HE COULD NOT AFFORD ONE, BOTH STATEMENTS SHOULD HAVE BEEN SUPPRESSED (FIRST DEPT))

 

You might also like
LONG-ARM JURISDICTION DID NOT REACH AN AUDITING FIRM IN THE UK AND CONVERSION CAUSES OF ACTION FAILED BECAUSE THE CONVERTED FUNDS WERE NOT IDENTIFIABLE AFTER THEY HAD BEEN INVESTED.
DEFENDANTS FAILED TO ELIMINATE QUESTIONS OF FACT RE WHETHER INADEQUATE ILLUMINATION WAS A PROXIMATE CAUSE OF PLAINTIFF’S DECEDENT’S STAIRWAY FALL (FIRST DEPT).
THE COURT WAS TROUBLED BY NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIAL AND HEARINGS’ (OATH’S) REQUIREMENT THAT PETITIONER PAY THE ORDERED RESTITUTION OF OVER $234,000 BEFORE PETITIONER COULD APPEAL THE DETERMINATION; THE ISSUE WAS NOT RAISED BY THE PARTIES AND THEREFORE COULD NOT BE DECIDED (FIRST DEPT).
Trustee’s Settlement of Claims Against Countrywide/Bank of America Stemming from Sale of Mortgage-Backed Securities Approved
Untimely Summary Judgment Motion Denied—No Showing of Good Cause for the Delay/Motion Was Mislabeled as a Cross Motion
A WARNING LETTER ISSUED TO THE NYC MAYOR BY THE NYC CONFLICTS OF INTEREST BOARD MUST BE RELEASED PURSUANT TO A FOIL REQUEST BY THE NEW YORK TIMES (FIRST DEPT).
PLAINTIFF STATED CAUSES OF ACTION STEMMING FROM UNDERPAYMENT OF WAGES FOR MANUAL LABOR PURSUANT TO THE LABOR LAW; PLAINTIFF WAS PAID BI-WEEKLY; THE LABOR LAW REQUIRES PAYMENT WEEKLY (FIRST DEPT)
IN THIS BICYCLE-PEDESTRIAN COLLISION CASE WHERE THERE WAS A VIDEO OF THE INCIDENT, DEFENDANT’S EXPERT DEMONSTRATED, USING FACTS IN THE RECORD, THAT DEFENDANT BICYCLIST HAD THE RIGHT OF WAY, WAS TRAVELLING AT A REASONABLE SPEED, AND WAS NOT ABLE TO AVOID THE COLLISION WHEN PLAINTIFF STEPPED OFF THE CURB; PLANTIFF’S EXPERT’S OPINION TO THE CONTRARY WAS NOT SUPPORTED BY FACTS IN THE RECORD; DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

HEARING OFFICER DID NOT PROVIDE PETITIONER WITH WRITTEN NOTICE OF HER DENIAL... EMAILS DID NOT EXPLICITLY WAIVE THE INITIAL AGREEMENT THAT THE PARTIES WOULD...