PEOPLE v. GRANT


45 N.Y.2d 366 (1978)

The People of the State of New York, Respondent, v. Nathaniel Grant, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1978.


Attorney(s) appearing for the Case

Paul F. McAloon and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Norman Barclay, Robert M. Pitler and Richard Hamburger of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN dissents and votes to affirm in a separate opinion.


WACHTLER, J.

The defendant, after being arrested and advised of his rights, requested the assistance of counsel. Ten minutes later, without having consulted an attorney, he was readvised of his rights, waived them and made a statement because, in the interim, the arresting officer had given him a fuller "explanation" or "understanding" by advising him of the strength of the case against him. A pretrial motion...

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