People v. Greenwood

Appellate Division of the Supreme Court of New York

People v. Greenwood

81 A.D.2d 1038, 441 N.Y.S.2d 439, 1981 N.Y. App. Div. LEXIS 11804

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

DecidedMay 27, 1981

StatusPublished

Cited by1 cases

This text of 81 A.D.2d 1038 (People v. Greenwood) 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. Greenwood, 81 A.D.2d 1038, 441 N.Y.S.2d 439, 1981 N.Y. App. Div. LEXIS 11804 (N.Y. Ct. App. 1981).

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Opinion

— Judgment unanimously reversed, defendant’s motion to suppress granted and matter remitted to Supreme Court, Onondaga County, for further proceedings on the indictment. Memorandum: Our review of the record discloses that defendant’s confession was obtained in the absence of counsel after he had been arrested pursuant to an arrest warrant. It now must be suppressed (People v Samuels, 49 NY2d 218). Although defendant was arrested on October 26, 1978, People v Samuels (supra), decided January 15, 1980, must be given retroactive application and the deprivation of effective assistance of counsel issue may be raised for [1039]*1039the first time on appeal (People v Cullen, 50 NY2d 168; People v Bryant, 79 AD2d 867; People v Parker, 78 AD2d 580). The District Attorney demonstrates commendable candor in acknowledging that the interests of justice compel suppression irrespective of defendant’s failure to raise this issue. (Appeal from judgment of Onondaga Supreme Court — sodomy, first degree.) Present — Cardamone, J.P., Callahan, Doerr, Denman and Moule, JJ.

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— Judgment unanimously reversed, defendant’s motion to suppress granted and matter remitted to Supreme Court, Onondaga County, for further proceedings on the indictment. Memorandum: Our review of the record discloses that defendant’s confession was obtained in the absence of counsel after he had been arrested pursuant to an arrest warrant. It now must be suppressed (People v Samuels, 49 NY2d 218). Although defendant was arrested on October 26, 1978, People v Samuels (supra), decided January 15, 1980, must be given retroactive application and the deprivation of effective assistance of counsel issue may be raised for [1039]*1039the first time on appeal (People v Cullen, 50 NY2d 168; People v Bryant, 79 AD2d 867; People v Parker, 78 AD2d 580). The District Attorney demonstrates commendable candor in acknowledging that the interests of justice compel suppression irrespective of defendant’s failure to raise this issue. (Appeal from judgment of Onondaga Supreme Court — sodomy, first degree.) Present — Cardamone, J.P., Callahan, Doerr, Denman and Moule, JJ.

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Bluebook (online)

81 A.D.2d 1038, 441 N.Y.S.2d 439, 1981 N.Y. App. Div. LEXIS 11804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greenwood-nyappdiv-1981.

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