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PEOPLE v. JENNINGS

Ind. Nos. 4287/17, 4287/17. Appeal No. 13893. Case No. 2019-1525.

194 A.D.3d 578 (2021)

2021 NY Slip Op 03262

The People of the State of New York, Respondent, v. Demel Jennings, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 20, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Anjali Pathmanathan of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Susan Axelrod of counsel), for respondent.

Concur— Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.

The admission of a recorded telephone call that defendant made while incarcerated at Rikers Island before trial did not violate his constitutional right to equal protection. Defendant was treated differently than he would have been had he been at liberty only insofar as the state effectively required him to consent to the monitoring and recording of his nonprivileged telephone calls or to not make them at all. While defendant concedes...

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