People v. Sellers

Appellate Division of the Supreme Court of New York

People v. Sellers

67 A.D.2d 717, 412 N.Y.S.2d 426, 1979 N.Y. App. Div. LEXIS 10340

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

DecidedJanuary 22, 1979

StatusPublished

This text of 67 A.D.2d 717 (People v. Sellers) 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. Sellers, 67 A.D.2d 717, 412 N.Y.S.2d 426, 1979 N.Y. App. Div. LEXIS 10340 (N.Y. Ct. App. 1979).

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Opinion

— Appeal by defendant from two judgments of the County Court, Nassau County, both rendered September 10,1976, convicting him of robbery in the first degree and grand larceny in the second degree (under Indictment No. 44169), and of robbery in the first degree and grand larceny in the third degree (under Indictment No. 44385), upon his pleas of guilty, and imposing sentence. Judgments reversed, on the law, defendant’s motion to suppress (under Indictment No. 44169) granted only to the extent of suppressing his statements and case remanded to the County Court for further proceedings on the indictments. Defendant’s postindictment incriminating statements concerning the crime charged in Indictment No. 44169, were made in the absence of counsel and thus should have been suppressed (see People v Colon, 62 AD2d 398; cf. People v Settles, 46 NY2d 154). The judgment under Indictment No. 44169 must therefore be reversed. The judgment arising under Indictment No. 44385, which was based upon a plea entered at the same time defendant pleaded guilty to Indictment No. 44169, should also be reversed (see People v Clark, 45 NY2d 432). Titone, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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— Appeal by defendant from two judgments of the County Court, Nassau County, both rendered September 10,1976, convicting him of robbery in the first degree and grand larceny in the second degree (under Indictment No. 44169), and of robbery in the first degree and grand larceny in the third degree (under Indictment No. 44385), upon his pleas of guilty, and imposing sentence. Judgments reversed, on the law, defendant’s motion to suppress (under Indictment No. 44169) granted only to the extent of suppressing his statements and case remanded to the County Court for further proceedings on the indictments. Defendant’s postindictment incriminating statements concerning the crime charged in Indictment No. 44169, were made in the absence of counsel and thus should have been suppressed (see People v Colon, 62 AD2d 398; cf. People v Settles, 46 NY2d 154). The judgment under Indictment No. 44169 must therefore be reversed. The judgment arising under Indictment No. 44385, which was based upon a plea entered at the same time defendant pleaded guilty to Indictment No. 44169, should also be reversed (see People v Clark, 45 NY2d 432). Titone, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

67 A.D.2d 717, 412 N.Y.S.2d 426, 1979 N.Y. App. Div. LEXIS 10340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sellers-nyappdiv-1979.

Opinion

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