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

People v. Mandrachio

433 N.E.2d 1272, 55 N.Y.2d 906, 449 N.Y.S.2d 24, 1982 N.Y. LEXIS 3103
CourtNew York Court of Appeals
DecidedFebruary 9, 1982
StatusPublished
Cited by27 cases

This text of 433 N.E.2d 1272 (People v. Mandrachio) 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. Mandrachio, 433 N.E.2d 1272, 55 N.Y.2d 906, 449 N.Y.S.2d 24, 1982 N.Y. LEXIS 3103 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The defendant’s contention that the police failed to scrupulously honor his right to remain silent was not raised in the trial court and thus has not been preserved for review. Nor in the context of this record can it be said, as a matter of law, that the prosecutor should have interpreted the defendant’s remark that he could not afford an attorney as a request for assigned counsel. Significantly the defendant himself did not suggest that his comment should be so construed until the case was on appeal.

We have considered the defendant’s other contentions and have found them to be without merit.

Judges Jasen, Gabrielli, Wachtler and Fuchsberg concur; Judge Meyer concurs in result only; Chief Judge Cooke dissents and votes to reverse for the reasons stated in the dissenting opinion by Justice John Carro at the Appellate Division (79 AD2d 278, 284-286); Judge Jones taking no part.

Order affirmed in a memorandum.

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Bluebook (online)
433 N.E.2d 1272, 55 N.Y.2d 906, 449 N.Y.S.2d 24, 1982 N.Y. LEXIS 3103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mandrachio-ny-1982.