criminal proceeding challenge in New York

1993While this Court has stated repeatedly that a defendant cannot waive his constitutional right to counsel once it attaches, in the absence of counsel (see, People v Skinner, 52 NY2d 24; People v Marrero, 51 NY2d 56 ), we have made no such declaration regarding the waiver of the statutory priest-penitent privilege.

1993While this Court has stated repeatedly that a defendant cannot waive his constitutional right to counsel once it attaches, in the absence of counsel ( see , People v Skinner , 52 N.Y.2d 24 ; People v Marrero , 51 N.Y.2d 56 ), we have made no such declaration regarding the waiver of the statutory priest-penitent privilege.

1993While this Court has stated repeatedly that a defendant cannot waive his constitutional right to counsel once it attaches, in the absence of counsel (see, People v Skinner, 52 NY2d 24; People v Marrero, 51 NY2d 56 ), we have made no such declaration regarding the waiver of the statutory priest-penitent privilege.

1993While this Court has stated repeatedly that a defendant cannot waive his constitutional right to counsel once it attaches, in the absence of counsel ( see , People v Skinner , 52 N.Y.2d 24 ; People v Marrero , 51 N.Y.2d 56 ), we have made no such declaration regarding the waiver of the statutory priest-penitent privilege.

2024Rather, such a challenge must be made by way of a direct appeal of the judgment of conviction" ( Matter of Carpenter v Corcoran , 75 AD3d 1110, 1111 [4th Dept 2010] [internal quotation marks, ellipsis and citations omitted], lv denied 15 NY3d 712 [2010]; see Matter of Hennessy v Gorman , 58 NY2d 806, 807 [1983]; Matter of Rodriguez v LaValley , 112 AD3d 1244 , 1244-1245 [3d Dept 2013], appeal dismissed 23 NY3d 933 [2014]).

2024Rather, such a challenge must be made by way of a direct appeal of the judgment of conviction" ( Matter of Carpenter v Corcoran , 75 AD3d 1110, 1111 [4th Dept 2010] [internal quotation marks, ellipsis and citations omitted], lv denied 15 NY3d 712 [2010]; see Matter of Hennessy v Gorman , 58 NY2d 806, 807 [1983]; Matter of Rodriguez v LaValley , 112 AD3d 1244 , 1244-1245 [3d Dept 2013], appeal dismissed 23 NY3d 933 [2014]).

2014Vogelstein v Warden of County Jail of County of N.Y., 150 Misc 714 [1934]; Matter of State of Conn., 179 Misc 2d 623 [Nassau County Ct 1999].) As noted by Judge Smith, in his concurring opinion in People v Carmona ( 82 NY2d 603, 620-621 [1993]): “The availability of the . . . privilege ‘depends not on the contents of the privileged communication but rather on the character of the communication, the relationship between the parties to it and the circumstances under which it was made.’ (Majority opn, at 610-611 n 2.) The Samuels/Settles 2 right to counsel, in contrast, recognizes that the assist

2014Vogelstein v Warden of County Jail of County of N.Y., 150 Misc 714 [1934]; Matter of State of Conn., 179 Misc 2d 623 [Nassau County Ct 1999].) As noted by Judge Smith, in his concurring opinion in People v Carmona ( 82 NY2d 603, 620-621 [1993]): “The availability of the . . . privilege ‘depends not on the contents of the privileged communication but rather on the character of the communication, the relationship between the parties to it and the circumstances under which it was made.’ (Majority opn, at 610-611 n 2.) The Samuels/Settles 2 right to counsel, in contrast, recognizes that the assist

2014Vogelstein v Warden of County Jail of County of N.Y., 150 Misc 714 [1934]; Matter of State of Conn., 179 Misc 2d 623 [Nassau County Ct 1999].) As noted by Judge Smith, in his concurring opinion in People v Carmona ( 82 NY2d 603, 620-621 [1993]): “The availability of the . . . privilege ‘depends not on the contents of the privileged communication but rather on the character of the communication, the relationship between the parties to it and the circumstances under which it was made.’ (Majority opn, at 610-611 n 2.) The Samuels/Settles 2 right to counsel, in contrast, recognizes that the assist

2010In Hill v Lockhart ( 474 US 52 [1985]), the Supreme Court applied the Strickland prejudice test to cases in which a defendant accepts a plea bargain prior to trial.

1986Moreover, the doctrine of collateral estoppel applies where a party has had a full and fair opportunity to contest the prior determination (Kaufman v Lilly & Co., 65 NY2d 449 ; Schwartz v Public Administrator of County of Bronx, 24 NY2d 65 ).

1980Dziunaa v Korvettes ( 61 AD2d 677 , supra) discussed the question in connection with the validity of a waiver extracted in a criminal proceeding as a defense to liability in a subsequent civil action.

1979On Erwine Laverne’s appeal from his conviction on the criminal charge, we held the inspections unlawful, distinguishing Frank v Maryland ( 359 US 360 ), which had upheld a warrantless inspection for health code purposes, and dismissed the information (People v Laverne, 14 NY2d 304 ).

1979On Erwine Laverne’s appeal from his conviction on the criminal charge, we held the inspections unlawful, distinguishing Frank v Maryland ( 359 US 360 ), which had upheld a warrantless inspection for health code purposes, and dismissed the information (People v Laverne, 14 NY2d 304 ).

1972The same rule prevailed in the Federal courts (Donnelly v. United States, 228 U. S. 243 ).

1972It was formerly the law in this State that a declaration against penal interest was not admissible in a criminal proceeding as an exception to the exclusionary hearsay rule (Greenfield v. People, 85 N. Y. 75 ; Kittredge v. Grannis, 244 N. Y. 168, 175, 176 ; Richardson, Evidence [9th ed.], §§ 241, 348).

1957The decision of the United States Supreme Court in Kingsley Brooks v. Brown ( 354 U. S. 436 ) cited by the defendant, also fails to support the defendant’s contention that such a notice or warning is required.

1957On a demurrer, all the facts alleged are deemed to be true (People v. Decina, 2 N Y 2d 133; People v. Chester, supra.) The information, here, sufficiently charges a violation of section 1141 of the Penal Law (sale and distribution of obscene prints and articles), and there is nothing contained in said section which requires the giving of any notice or warning before a criminal proceeding may be commenced pursuant thereto, nor does section 22-a of the Code of Criminal Procedure require the giving of such notice or warning as a prerequisite to the commencement of a criminal proceeding for a viol

1957Subway Co. ( 193 Misc. 1001, 1005 ), Mr. Justice Edee said that “ the court should endeavor, by a sensible and practical construction, to carry out the legislative object and intent ”, and this court is of the opinion that the sensible and practical construction of both of these sections is that it was the legislative intent that the State was to be free (1) to commence and prosecute a criminal proceeding for a violation of section 1141 of the Penal Law without being required to give any prior notice or warning, or (2) to institute injunction proceedings, or (3) to commence and so prosecute bo