People v. Godfrey
This text of 144 A.D.2d 994 (People v. Godfrey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Order unanimously affirmed. Memorandum: We find the suppression court’s determination that the People failed to prove that defendant was fully informed of his right to counsel and effectively waived this right to be supported by the record (see, People v Dorn, 105 Misc 2d 244, 246-247). We decline to reach the procedural issue raised by the People for the first time on appeal (see, People v Stith, 69 NY2d 313, 320; People v Nieves, 67 NY2d 125, 135-136; People v Johnson, 64 NY2d 617, 619, n 2; People v Dodt, 61 NY2d 408, 416; People v Evans, 58 NY2d 14, 21, n 1). (Appeal from order of Oneida County Court, Buckley, J.— suppress evidence.) Present — Callahan, J. P., Doerr, Green, Pine and Davis, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
144 A.D.2d 994, 535 N.Y.S.2d 560, 1988 N.Y. App. Div. LEXIS 14529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-godfrey-nyappdiv-1988.