PEOPLE v. BROWN


109 Misc.2d 366 (1981)

The People of the State of New York, Plaintiff, v. Richard Brown, Defendant.

Supreme Court, Trial Term, New York County.

May 1, 1981


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Joseph Dubinsky of counsel), for plaintiff. Robert E. Levy for defendant. Margery Evans Reifler for subpoenaed witness.


SHELDON S. LEVY, J.

Can information obtained directly from a defendant — without Miranda warnings and in the absence of counsel — for use on arraignment in determining eligibility for recognizance or bail release, be employed against the defendant at trial?

In the past three years, a handful of Judges, including this court, have dictated decisions on this subject off the Bench and offhand. The more than 200 employees of the...

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