People v. Hermance

New York Court of Appeals

People v. Hermance

324 N.E.2d 367, 35 N.Y.2d 915, 364 N.Y.S.2d 900, 1974 N.Y. LEXIS 1076

CourtNew York Court of Appeals

DecidedDecember 20, 1974

StatusPublished

Cited by1 cases

This text of 324 N.E.2d 367 (People v. Hermance) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hermance, 324 N.E.2d 367, 35 N.Y.2d 915, 364 N.Y.S.2d 900, 1974 N.Y. LEXIS 1076 (N.Y. 1974).

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Opinion

Memorandum. The order of the Appellate Division should be reversed and the case remanded for a new trial. We find, as a matter of law, that this concededly indigent defendant was not informed of his right to have counsel assigned if he could not afford one and, thus, his subsequent inculpatory statements should have been suppressed (People v. Witenski, 15 N Y 2d 392, 395; Miranda v. Arizona, 384 U. S. 436, 473). This is true despite the fact that defendant had an attorney to represent him in another unrelated criminal matter (cf. People v. Taylor, 27 N Y 2d 327).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

Order reversed, etc.

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Memorandum. The order of the Appellate Division should be reversed and the case remanded for a new trial. We find, as a matter of law, that this concededly indigent defendant was not informed of his right to have counsel assigned if he could not afford one and, thus, his subsequent inculpatory statements should have been suppressed (People v. Witenski, 15 N Y 2d 392, 395; Miranda v. Arizona, 384 U. S. 436, 473). This is true despite the fact that defendant had an attorney to represent him in another unrelated criminal matter (cf. People v. Taylor, 27 N Y 2d 327).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

Order reversed, etc.

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Bluebook (online)

324 N.E.2d 367, 35 N.Y.2d 915, 364 N.Y.S.2d 900, 1974 N.Y. LEXIS 1076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hermance-ny-1974.

Opinion

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