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People v. Wander

390 N.E.2d 1169, 47 N.Y.2d 724, 417 N.Y.S.2d 245, 1979 N.Y. LEXIS 2003
CourtNew York Court of Appeals
DecidedApril 24, 1979
StatusPublished
Cited by13 cases

This text of 390 N.E.2d 1169 (People v. Wander) 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. Wander, 390 N.E.2d 1169, 47 N.Y.2d 724, 417 N.Y.S.2d 245, 1979 N.Y. LEXIS 2003 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Irrespective of whether the police conduct in this case is viewed as something less than "interrogation”, it is obvious that the defendant’s request to remain silent was not scrupulously honored, requiring as a consequence the suppression of his oral statement. (People v Grant, 45 NY2d 366, 375-376; see [726]*726People v Buxton, 44 NY2d 33, 37.) Given the nature and quantum of proof offered at trial, it cannot be said that it is clear beyond a reasonable doubt that this error did not contribute to defendant’s conviction. (See People v Almestica, 42 NY2d 222, 224; People v Crimmins, 36 NY2d 230, 237.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order reversed, etc.

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Bluebook (online)
390 N.E.2d 1169, 47 N.Y.2d 724, 417 N.Y.S.2d 245, 1979 N.Y. LEXIS 2003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wander-ny-1979.