Home/New York Court of Appeals/People v. Lane

People v. Lane

478 N.E.2d 1305, 64 N.Y.2d 1047, 489 N.Y.S.2d 704, 1985 N.Y. LEXIS 15843
CourtNew York Court of Appeals
DecidedApril 23, 1985
StatusPublished
Cited by14 cases

This text of 478 N.E.2d 1305 (People v. Lane) 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. Lane, 478 N.E.2d 1305, 64 N.Y.2d 1047, 489 N.Y.S.2d 704, 1985 N.Y. LEXIS 15843 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The police did not violate the defendant’s right to counsel under the State Constitution by obtaining the statement after the victim had signed a felony complaint. Although the right to counsel attaches once the criminal action has been commenced (People v Blake, 35 NY2d 331; People v Settles, 46 NY2d 154) that stage had not been reached in this case. As we noted in People v Samuels (49 NY2d 218), in this State the criminal action commences with the filing of the accusatory instrument, including the felony complaint (CPL 1.20 [1], [8], [17]). Thus in the case now before us when the accusatory instrument had been signed but had not been filed in court, no criminal action had been commenced and the defendant’s right to counsel had not attached at the time of the questioning.

[1049]*1049We have considered the defendant’s other arguments and find them to be without merit.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. C.R. & D.W.
35 Misc. 3d 762 (New York Supreme Court, 2012)
People v. Hilliard
20 A.D.3d 674 (Appellate Division of the Supreme Court of New York, 2005)
People v. Ortiz
16 A.D.3d 831 (Appellate Division of the Supreme Court of New York, 2005)
People v. Joe
249 A.D.2d 695 (Appellate Division of the Supreme Court of New York, 1998)
People v. Strother
234 A.D.2d 571 (Appellate Division of the Supreme Court of New York, 1996)
People v. Wright
228 A.D.2d 709 (Appellate Division of the Supreme Court of New York, 1996)
People v. Horn
161 A.D.2d 603 (Appellate Division of the Supreme Court of New York, 1990)
People v. Vladik
145 Misc. 2d 594 (Nassau County District Court, 1989)
People v. Dickerson
148 A.D.2d 970 (Appellate Division of the Supreme Court of New York, 1989)
Lane v. LeFevre
705 F. Supp. 88 (N.D. New York, 1989)
People v. Hamlin
525 N.E.2d 719 (New York Court of Appeals, 1988)
People v. Reid
136 A.D.2d 578 (Appellate Division of the Supreme Court of New York, 1988)
People v. Benedict
124 A.D.2d 890 (Appellate Division of the Supreme Court of New York, 1986)
People v. Brown
117 A.D.2d 741 (Appellate Division of the Supreme Court of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
478 N.E.2d 1305, 64 N.Y.2d 1047, 489 N.Y.S.2d 704, 1985 N.Y. LEXIS 15843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lane-ny-1985.