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Treatment trajectory · 1967 → 2026 · click a year to view as-of
1967
1996
2026
Top citers, strongest first. 22 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Butcher
A defendant's intoxication or the influence of narcotics or medications are factors to be considered when determining voluntariness, but such a condition typically will not render a statement involuntary unless it rises "to the level where the defendant is unable to comprehend the meaning of his or her words" ( People v Dale , 115 AD3d 1002, 1003 [2014] [internal quotation marks and citations omitted]; see People v Schompert , 19 NY2d 300, 305 [1967], cert denied 389 US 874 [1967]; People v Dasher , 109 AD3d 1125, 1125 [2013], lvs denied 22 NY3d 1040 [2013]; People v Van Guilder , 29 AD3d 1226…
discussed
Cited "see"
People v. Butler
The suppression court credited the testimony of the People's witnesses at the Huntley hearing, which established that defendant was not "impaired to the level of mania or to the level where [she was] unable to comprehend the meaning of [her] words so as to render [her] statement involuntary" ( People v Cummings , 157 AD3d 982 , 985 [3d Dept 2018], lv denied 31 NY3d 982 [2018] [internal quotation marks omitted]; see People v Schompert , 19 NY2d 300, 305 [1967], cert denied 389 US 874 [1967]; People v Case , 150 AD3d 1634, 1638 [4th Dept 2017]).
discussed
Cited "see"
People v. Whitted
Initially, after reviewing the record before us—including the testimony from the suppression hearing and defendant’s video-recorded interrogation—we conclude that County Court (Drago, J.) properly determined that defendant’s intoxication at the time he gave his statement to the police did not “ ‘rise[ ] to the level of mania or to the level where . . . defendant [was] unable to comprehend the meaning of his . . . words’ ” so as to render his statement involuntary (People v Baugh, 101 AD3d 1359 , 1360 [2012], lv denied 21 NY3d 911 [2013], quoting People v Scott, 47 AD3d 1016, 10…
discussed
Cited "see"
People v. Whitted
Initially, after reviewing the record before us—including the testimony from the suppression hearing and defendant’s video-recorded interrogation—we conclude that County Court (Drago, J.) properly determined that defendant’s intoxication at the time he gave his statement to the police did not “ ‘rise[ ] to the level of mania or to the level where . . . defendant [was] unable to comprehend the meaning of his . . . words’ ” so as to render his statement involuntary (People v Baugh, 101 AD3d 1359 , 1360 [2012], lv denied 21 NY3d 911 [2013], quoting People v Scott, 47 AD3d 1016, 10…
discussed
Cited "see"
People v. Baugh
Intoxication will only serve to invalidate the waiver of one’s constitutional rights “when the degree of inebriation has risen to the level of mania or to the level where the defendant is unable to comprehend the meaning of his or her words” (People v Scott, 47 AD3d 1016, 1020 [2008], lv denied 10 NY3d 870 [2008] [internal quotation marks and citation omitted]; see People v Schompert, 19 NY2d 300, 305 [1967], cert denied 389 US 874 [1967]; People v Williams, 40 AD3d 1364, 1365 [2007], lv denied 9 NY3d 927 [2007]; see also People v Alke, 90 AD3d 943, 943 [2011], lv denied 19 NY3d 994 [201…
discussed
Cited "see"
People v. Baugh
Intoxication will only serve to invalidate the waiver of one’s constitutional rights “when the degree of inebriation has risen to the level of mania or to the level where the defendant is unable to comprehend the meaning of his or her words” (People v Scott, 47 AD3d 1016, 1020 [2008], lv denied 10 NY3d 870 [2008] [internal quotation marks and citation omitted]; see People v Schompert, 19 NY2d 300, 305 [1967], cert denied 389 US 874 [1967]; People v Williams, 40 AD3d 1364, 1365 [2007], lv denied 9 NY3d 927 [2007]; see also People v Alke, 90 AD3d 943, 943 [2011], lv denied 19 NY3d 994 [201…
discussed
Cited "see"
People v. Hernandez
Only where it is demonstrated that the defendant was intoxicated to a degree of mania or of being unable to understand the meaning of his statements is suppression warranted” (People v Benjamin, 17 AD3d 688 [2005] [citations omitted]; see People v Schompert, 19 NY2d 300, 305 [1967], cert denied 389 US 874 [1967]; People v Ginsberg, 36 AD3d 627 [2007]).
discussed
Cited "see"
People v. John
The evidence further establishes that defendant “was not intoxicated to such a degree that he was incapable of voluntarily, knowingly, and intelligently waiving his Miranda rights” (People v Downey, 254 AD2d 794, 795 , Iv denied 92 NY2d 1031 ; see, People v Godson, 239 AD2d 924 , Iv denied 90 NY2d 905 ; see generally, People v Schompert, 19 NY2d 300, 305-307 , cert denied 389 US 874 ).
discussed
Cited "see"
People v. Downey
The evidence established that defendant was not intoxicated to such a degree that he was incapable of voluntarily, knowingly, and intelligently waiving his Miranda rights (see, People v Gadson, 239 AD2d 924 , lv denied 90 NY2d 905 ; People v Gagliardi, 232 AD2d 879, 880 ; People v Morales, 228 AD2d 525 , lv denied 88 NY2d 1070 ; People v Shabaz, 173 AD2d 498, 499 , lv denied 79 NY2d 923 ; see generally, People v Schompert, 19 NY2d 300, 305-307 , cert denied 389 US 874 ).
cited
Cited "see"
In Re the Welfare of Hauser
See In re Russell, 70 Wn.2d 451 , 423 P.2d 640 , cert. denied, 389 U.S. 874 (1967); In re Dill, 62 Wn.2d 305 , 382 P.2d 266 (1963).
discussed
Cited "see"
Commonwealth v. Geraway
(2×)
See Olshen v. McMann, 378 F.2d 993 (2d Cir.1967), cert. den. 389 U.S. 874 (1967).
cited
Cited "see"
Tropiano v. United States
See Olshen v. McMann, 378 F.2d 993, 994-95 (2 Cir.), cert. denied, 389 U.S. 874 (1967).
cited
Cited "see"
United States v. Coleman
See People v. Schompert, 19 N.Y.2d 300, 304 , 279 N.Y.S.2d 515 , 226 N.E.2d 305 (1967), cert, denied Schompert v. New York, 389 U.S. 874 , 88 S.Ct. 164 , 19 L.Ed.2d 157 .
cited
Cited "see"
Nicholson v. Sigler
See Maddox & Nicholson v. Sigler, 181 Neb. 690 , 150 N. W. 2d 251 , in which certiorari was denied by the United States Supreme Court, 389 U. S. 874 , 88 S. Ct. 171 , 19 L.
discussed
Cited "see, e.g."
People v. Wilson
That testimony established that there was no causal connection between any injuries defendant received at the time of the arrest and the statement taken hours later (see, People v Gomez, 249 AD2d 237 , lv denied 92 NY2d 852 ; see also, People v Nieves, 205 AD2d 173, 184 , affd 88 NY2d 618 ), and that defendant was not “ ‘intoxicated to the degree of mania, or of being unable to understand the meaning of his statements’ ” (People v Schompert, 19 NY2d 300, 305 , cert denied 389 US 874 ; see, People v Brooks, 174 AD2d 1050 , lv denied 78 NY2d 962 ).
discussed
Cited "see, e.g."
People v. Jackson
Nor were the statements rendered involuntary by virtue of the fact that the defendant may have been intoxicated at the time they were made (see, People v Grune, 139 AD2d 763 ; see also, People v Schompert, 19 NY2d 300 , cert denied 389 US 874 ).
discussed
Cited "see, e.g."
People v. McDonald
In Lombardo , for example, although a potential for conflict existed because defense counsel owed a continuing duty to protect the confidences of his former client — the victim who testified as the prosecution’s chief witness — we held, nonetheless, that counsel, having concluded that the victim’s cooperation with the prosecution amounted to a waiver of the attorney-client privilege, had "eliminated any significant possibility that the conduct of the defense would be affected by the attorney’s prior representation of [the victim/witness], and scrutiny of the attorney’s searching cr…
discussed
Cited "see, e.g."
United States Ex Rel. Means v. Solem
See also Olshen v. McMann, 378 F.2d 993 (2d Cir. 1967), cert. denied 389 U.S. 874 , 88 S.Ct. 165 , 19 L.Ed.2d 157 (1967) (denying habeas corpus since petitioner’s counsel vigorously cross-examined witness and the attorney-client privilege was waived); Harrison v. United States, 387 F.2d 614 (5th Cir. 1968) *1273 (upholding defendant’s conviction since there was no clear and specific showing of prejudice made to the trial court).
discussed
Cited "see, e.g."
Birthwright v. Karsch
See also Yanity v. Benware, 376 F.2d 197 (2d Cir.), cert. denied, 389 U.S. 874 , 88 S.Ct. 167 , 19 L.Ed.2d 158 (1967); Gurton v. Arons, 339 F.2d 371, 374 (2d Cir. 1964) (“But the guaranty of the equal right to vote is surely not a general commission for the federal courts to review the constitution and by-laws of the union.
cited
Cited "see, e.g."
Keck v. Employees Independent Association
See also Yanity v. Benware, 376 F.2d 197 (2 Cir. 1967), cert. den., 389 U.S. 874 , 88 S.Ct. 167 , 19 L.Ed.2d 158 (1968); Comment 43 N.Y.
discussed
Cited "see, e.g."
Martire v. Laborers' Local Union 1058
See also Yanity v. Benware, 376 F.2d 197 (2 Cir. 1967), cert. den. 389 U.S. 874 , 88 S.Ct. 167 , 19 L.Ed.2d 158 ; Hughes v. Local No. 11, Int’l Ass’n of Ironworkers, 287 F.2d 810, 818 (3 Cir. 1961), cert. den. 368 U.S. 829 , 82 S.Ct. 51 , 7 L.Ed.2d 32 ; Comment, 43 N.Y.U.L.
discussed
Cited "see, e.g."
Dante Martire v. Laborers' Local Union 1058
See also Yanity v. Benware, 376 F.2d 197 (2 Cir. 1967), cert. den. 389 U.S. 874 , 88 S.Ct. 167 , 19 L.Ed.2d 158 ; Hughes v. Local No. 11, Int'l Ass'n of Ironworkers, 287 F.2d 810, 818 (3 Cir. 1961), cert. den. 368 U.S. 829 , 82 S.Ct. 51 , 7 L.Ed.2d 32 ; Comment, 43 N.Y.U.L.
Retrieving the full opinion text from the archive…
Schompert
v.
New York
v.
New York
No. 327.
Supreme Court of the United States.
Oct 9, 1967.
Cited by 8 opinions | Published
Ct. App. N. Y. Certiorari denied.