[DOWNLOAD] "People State New York v. John Dean" by Court of Appeals of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. John Dean
• Author : Court of Appeals of New York
• Release Date : January 09, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

In response to a series of questions posed by an Assistant District Attorney, defendant, while in police custody, refused to make a statement to the authorities without the assistance of an attorney. On the conceded facts, it must be held as a matter of law that defendant requested the assistance of counsel (People v Hinton, 45 N.Y.2d 941; People v Clark, 45 N.Y.2d 432, 436, 439). As a result, the police and the prosecutor became duty bound not to question defendant without first scrupulously honoring his right to counsel (People v Grant, 45 N.Y.2d 366; People v Buxton, 44 N.Y.2d 33). This they failed to do. Rather than taking steps to assist defendant in obtaining counsel, the police merely returned him to a holding pen. A few hours later, after defendant had co-operated in certain respects, they affirmatively sought and obtained a waiver of his rights. In these circumstances, it cannot be said that defendants refusal to answer questions without the aid of counsel was scrupulously honored.

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