Marino v. Appelman, 554 N.E.2d 1277 (N.Y. 1990). · Go Syfert
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Marino v. Appelman, 554 N.E.2d 1277 (N.Y. 1990). Cases Citing This Book View Copy Cite
10 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Commonwealth v. Sepulveda, 16 Mass. L. Rptr. 231 (Mass. Super. Ct. 2003)
How cited ↗
Cited for
75 N.Y.2d at 940 Admissibility of spontaneous statements after right to counsel attaches4 citing casesspontaneous statements even after right to counsel attaches admissible if not the result of interrogation1 citing court put it this way
  • Commonwealth v. Sepulveda, 16 Mass. L. Rptr. 231 (Mass. Super. Ct. 2003).published
    (spontaneous statements even after right to counsel attaches admissible if not the result of interrogation)
  • People v. Civitello, 287 A.D.2d 784 (N.Y. App. Div. 3d Dep't 2001).published
    The record discloses no conduct by the police which could reasonably be determined “to evoke a statement from * * * defendant” (People v Rivers, 56 NY2d 476, 480 ) and fully supports County Court’s finding that defendant’s statements were…
  • People v. Ryan, 279 A.D.2d 713 (N.Y. App. Div. 3d Dep't 2001).published 2 cites
    The Huntley hearing transcript demonstrates that defendant was not subjected to prolonged questioning (compare, People v Rivers, supra, at 479; People v Rogers, 48 NY2d 167, 174 ) and that defendant deliberately sought out Batrowny and ini…
  • People v. O'Hanlon, 252 A.D.2d 670 (N.Y. App. Div. 3d Dep't 1998).published
    Defendant’s intimation that spontaneous statements are not admissible where the right to counsel has been invoked, as distinguished from 5th Amendment rights, is unavailing and contrary to established precedent (see, People v Gonzales, sup…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In the Matter of Patrick Marino
v.
Pearle Appelman, as a Justice of the Supreme Court
New York Court of Appeals.
Apr 3, 1990.
Published opinion
554 N.E.2d 1277
1990 N.Y. LEXIS 701
Published

Motion of petitioners Patrick Marino and Paul McDonald for leave to appeal dismissed as moot. Motion of remaining petitioners for leave to appeal denied.