People v. Green

Appellate Division of the Supreme Court of New York

People v. Green

86 A.D.2d 962, 448 N.Y.S.2d 304, 1982 N.Y. App. Div. LEXIS 15657

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 26, 1982

StatusPublished

This text of 86 A.D.2d 962 (People v. Green) 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.

Bluebook

People v. Green, 86 A.D.2d 962, 448 N.Y.S.2d 304, 1982 N.Y. App. Div. LEXIS 15657 (N.Y. Ct. App. 1982).

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Opinion

Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: After he had been arraigned and assigned counsel on an unrelated matter, defendant was interrogated and a confession obtained on the instant charge in the absence of his assigned counsel. People v Rogers (48 NY2d 167) prohibits questioning under those circumstances and requires suppression of the statement. Although the Rogers rule was not in effect at the time of defendant’s arrest, the rule has been given retroactive effect (People v Albro, 52 NY2d 619, 624). (Appeal from judgment of Monroe County Court, Bergin, J. — rape, first degree, and other charges.) Present — Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.

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Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: After he had been arraigned and assigned counsel on an unrelated matter, defendant was interrogated and a confession obtained on the instant charge in the absence of his assigned counsel. People v Rogers (48 NY2d 167) prohibits questioning under those circumstances and requires suppression of the statement. Although the Rogers rule was not in effect at the time of defendant’s arrest, the rule has been given retroactive effect (People v Albro, 52 NY2d 619, 624). (Appeal from judgment of Monroe County Court, Bergin, J. — rape, first degree, and other charges.) Present — Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.

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Bluebook (online)

86 A.D.2d 962, 448 N.Y.S.2d 304, 1982 N.Y. App. Div. LEXIS 15657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-green-nyappdiv-1982.

Opinion

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