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PEOPLE v. JOHNSON

No. 37.

27 N.Y.3d 199 (2016)

51 N.E.3d 545

32 N.Y.S.3d 34

2016 NY Slip Op 02552

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS JOHNSON, Appellant.

Court of Appeals of New York.

Decided April 5, 2016.

Attorney(s) appearing for the Case

Stanley E. Neustadter , Cardozo Appeals Clinic, New York City ( Jonathan H. Oberman of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod and Patrick J. Hynes of counsel), for respondent.

The Legal Aid Society, New York City ( Steven B. Wasserman of counsel), for The Legal Aid Society, amicus curiae.

Lisa Schreibersdorf , Brooklyn Defender Services, Brooklyn, and Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Aleksandr B. Livshits and Adam Rose of counsel), for Brooklyn Defender Services, amicus curiae.

Chief Judge DIFIORE and Judges PIGOTT, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur; Judge PIGOTT in a separate concurring opinion.

OPINION OF THE COURT

Defendant challenges the People's use at his criminal trial of excerpts from certain recorded telephone calls defendant made to family and friends during his detention at Rikers Island Correctional Facility. The calls were recorded and made available to the prosecution by New York City's Department of Correction...

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