PEOPLE v. McLEAN

No. 113.

15 N.Y.3d 117 (2010)

931 N.E.2d 520

905 N.Y.S.2d 536

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL McLEAN, Appellant.

Court of Appeals of New York.

Decided June 10, 2010.


Attorney(s) appearing for the Case

Danielle Neroni Reilly , Albany, for appellant.

Robert M. Carney , District Attorney, Schenectady ( Gerald A. Dwyer of counsel), for respondent.

Judges GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge CIPARICK concur.


OPINION OF THE COURT

SMITH, J.

We have held that, where a defendant's statement to law enforcement authorities is obtained in violation of his right to counsel, the use of that statement against defendant at trial is an error that may be raised on appeal, even if the issue was not preserved. Appellate review of such an unpreserved error is available, however, only when the error is established on the face...

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