PEOPLE v. KNAPP


57 N.Y.2d 161 (1982)

The People of the State of New York, Respondent, v. Ricky A. Knapp, Appellant.

Court of Appeals of the State of New York.

Decided October 12, 1982.


Attorney(s) appearing for the Case

John H. Owen, Public Defender, for appellant.

Colin E. Ingham, District Attorney, for respondent.

Chief Judge COOKE and Judge FUCHSBERG concur with Judge JONES; Judge MEYER concurs in result in a separate opinion; Judge JASEN dissents and votes to affirm in another opinion; Judge WACHTLER dissents and votes to affirm in an additional opinion in which Judge GABRIELLI concurs.


JONES, J.

Incriminating statements made by defendant to the police after they had been informed that he had an attorney, as well as physical evidence thereafter seized from his automobile, must be suppressed as obtained in violation of his State constitutional right to counsel. The erroneous admission of this evidence cannot be regarded as harmless, nor can it be concluded on this record that the evidence was...

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