known right privilege in New York

43 New York opinions name it 8 courts 1964–2025 4 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

Case	Followed	Cited
Johnson v. Zerbstgreen scotus · 1938 · cited in 34 New York opinions naming this issue, 1964–2025 2 sentences 2025A defendant can waive a constitutional right provided the record shows "an intentional relinquishment or abandonment of a known right or privilege." People v. Harris , 61 NY2d 9, 17 (1983) ( quoting Johnson v. Zerbst , 304 U.S. 458, 464 (1938). 2025A defendant can waive a constitutional right provided the record shows "an intentional relinquishment or abandonment of a known right or privilege." People v. Harris , 61 NY2d 9, 17 (1983) ( quoting Johnson v. Zerbst , 304 U.S. 458, 464 (1938).	7	34
People v. Harrisgreen ny · 1983 · cited in 6 New York opinions naming this issue, 2007–2025 2 sentences 2025A defendant can waive a constitutional right provided the record shows "an intentional relinquishment or abandonment of a known right or privilege." People v. Harris , 61 NY2d 9, 17 (1983) ( quoting Johnson v. Zerbst , 304 U.S. 458, 464 (1938). 2025A defendant can waive a constitutional right provided the record shows "an intentional relinquishment or abandonment of a known right or privilege." People v. Harris , 61 NY2d 9, 17 (1983) ( quoting Johnson v. Zerbst , 304 U.S. 458, 464 (1938).	5	6
People v. McDermottgreen nyappdiv · 2009 · cited in 3 New York opinions naming this issue, 2013–2013 2 sentences 2013In particular, defendant did not waive her “right to be sentenced in accordance with the plea agreement” (People v McDermott, 68 AD3d 1453, 1453 [2009]). 2013In particular, defendant did not waive her “right to be sentenced in accordance with the plea agreement” (People v McDermott, 68 AD3d 1453, 1453 [2009]).	2	3
Brookhart v. Janisgreen scotus · 1966 · cited in 5 New York opinions naming this issue, 1980–2004 2 sentences 2004“There is a presumption against the waiver of constitutional rights, . . . and for a waiver to be effective it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege’ ” (Brookhart v Janis, 384 US 1, 4 [1966], quoting Zerbst, 304 US at 464 [internal citation omitted]). 2004"There is a presumption against the waiver of constitutional rights, . . . and for a waiver to be effective it must be clearly *224 established that there was `an intentional relinquishment or abandonment of a known right or privilege'" ( Brookhart v Janis, 384 US 1, 4 [1966], quoting Zerbst, 304 US at 464 [internal citation omitted]).	1	5
People v. Thomasgreen ny · 1981 · cited in 2 New York opinions naming this issue, 1990–2018 2 sentences 2018There was no waiver because defendant was only advised that he could controvert the predicate felony statement on two grounds: that he was not the person named in the statement and that the conviction was unconstitutionally obtained ( see People v Jurgins , 26 NY3d 607 , 611 n 1 [2015]; cf. People v Thomas , 53 NY2d 338 , 342 n 2 [1987] [express waiver results from an intentional abandonment of a known right or privilege]). 1990Under these circumstances, the People should not be deemed to have "waived” their right to proceed pursuant to CPL 670.10, since the concept of waiver entails an "intentional abandonment of a known right or privilege.” (See, People v Prescott, 66 NY2d 216, 219, n 1 [1985]; People v Sanchez, 65 NY2d 436 , 443, n; People v Thomas, 53 NY2d 338, 342, n 2 [1981].) Implicit in this definition is the notion that the waiving party exercises a voluntary and unconstricted choice.	1	2
People v. Tyrellgreen ny · 2013 · cited in 1 New York opinions naming this issue, 2018–2018 1 sentence 2018Because those requirements are unique to the waiver of the grand jury right, we have no cause to consider whether the signed waiver, coupled with counsel's affirmation, would constitute the "affirmative showing on the record" of the "intentional relinquishment or abandonment of a known right or privilege" that we require before other rights may be knowingly, intelligently, and voluntarily waived ( People v Tyrell , 22 NY3d 359, 365 [2013]).	1	1
Boykin v. Alabamagreen scotus · 1969 · cited in 1 New York opinions naming this issue, 2013–2013 1 sentence 2013At the same time, our cases have held that to constitute a knowing, voluntary and intelligent plea, there must be “an affirmative showing on the record” that the defendant waived his constitutional rights (People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see also Boykin, 395 US at 242 [requiring an “affirmative showing” that the guilty plea was “intelligent and voluntary”]; Harris, 61 NY2d at 17 [“To be sure, the record must show an intentional relinquishment or abandonment of a known right or privilege” (interned quotation marks and citations omitted)]).	1	1
People v. Fiumefreddogreen ny · 1993 · cited in 1 New York opinions naming this issue, 2013–2013 1 sentence 2013At the same time, our cases have held that to constitute a knowing, voluntary and intelligent plea, there must be “an affirmative showing on the record” that the defendant waived his constitutional rights (People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see also Boykin, 395 US at 242 [requiring an “affirmative showing” that the guilty plea was “intelligent and voluntary”]; Harris, 61 NY2d at 17 [“To be sure, the record must show an intentional relinquishment or abandonment of a known right or privilege” (interned quotation marks and citations omitted)]).	1	1
Jefpaul Garage Corp. v. Presbyterian Hospitalgreen ny · 1984 · cited in 1 New York opinions naming this issue, 2007–2007 1 sentence 2007Thus, the record fails to demonstrate “ ‘an intentional relinquishment or abandonment of a known right or privilege’ ” (Harris, 61 NY2d at 17 , quoting Johnson v Zerbst, 304 US 458, 464 [1938]; see Jefpaul Garage Corp. v Presbyterian Hosp. in City of N.Y., 61 NY2d 442, 446 [1984]) so as to warrant the conclusion that defendant knowingly and voluntarily abandoned the issues raised by his Clayton motion.	1	1
People v. Berriosgreen ny · 1971 · cited in 1 New York opinions naming this issue, 1990–1990 1 sentence 1990It is the People’s burden to overcome that presumption by evidence of ' "an intentional relinquishment or abandonment of a known right or privilege” ’ (Brookhart v Janis, 384 US 1, 4 ; Johnson v Zerbst, 304 US 458, 464 ; People v Whitehurst, 25 NY2d 389, 391 )” (supra, at 593; see also, People v Berrios, 28 NY2d 361, 367-368 ; People v Quinones, 61 AD2d 765, 766 ).	1	1
People v. Prescottgreen ny · 1985 · cited in 1 New York opinions naming this issue, 1990–1990 1 sentence 1990Under these circumstances, the People should not be deemed to have "waived” their right to proceed pursuant to CPL 670.10, since the concept of waiver entails an "intentional abandonment of a known right or privilege.” (See, People v Prescott, 66 NY2d 216, 219, n 1 [1985]; People v Sanchez, 65 NY2d 436 , 443, n; People v Thomas, 53 NY2d 338, 342, n 2 [1981].) Implicit in this definition is the notion that the waiving party exercises a voluntary and unconstricted choice.	1	1
Faretta v. Californiagreen scotus · 1975 · cited in 1 New York opinions naming this issue, 1981–1981 1 sentence 1981In this case, however, where the election is imputed to him, the court is concerned only whether it appears from the surrounding facts and circumstances that defendant has intentionally abandoned a known right or privilege (see Johnson v Zerbst, 304 US 458, 464 ; see, also, Faretta v California, 422 US 806 ).	1	1
Blackledge v. Perrygreen scotus · 1974 · cited in 1 New York opinions naming this issue, 1976–1976	1	1
Schneckloth v. Bustamontegreen scotus · 1973 · cited in 1 New York opinions naming this issue, 1976–1976	1	1
Von Moltke v. Gilliesgreen scotus · 1948 · cited in 1 New York opinions naming this issue, 1975–1975	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (28)

Case	Cited	Years
People v. Whitehurst green ny · 1969 2 sentences 1990It is the People’s burden to overcome that presumption by evidence of ' "an intentional relinquishment or abandonment of a known right or privilege” ’ (Brookhart v Janis, 384 US 1, 4 ; Johnson v Zerbst, 304 US 458, 464 ; People v Whitehurst, 25 NY2d 389, 391 )” (supra, at 593; see also, People v Berrios, 28 NY2d 361, 367-368 ; People v Quinones, 61 AD2d 765, 766 ). 1985It is the People’s burden to overcome that presumption by evidence of ‘ “an intentional relinquishment or abandonment of a known right or privilege” ’ (Brookhart v Janis, 384 US 1, 4 ; Johnson v Zerbst, 304 US 458, 464 ; People v Whitehurst, 25 NY2d 389, 391 ).	3	1980–1990
Miranda v. Arizona green scotus · 1966 2 sentences 1986(Miranda v Arizona, 384 US 436, 475 .) Although a waiver of rights, namely, the intentional relinquishment of a known right or privilege (cf. Johnson v Zerbst, 304 US 458, 464 ) may be inferred from an analysis of the totality of the circumstances including the actions and words of a defendant (see, North Carolina v Butler, 441 US 369, 373 ), the evidence adduced at the hearing falls short of that needed to support the conclusion that defendant has knowingly and intelligently waived his right to remain silent and his right to the aid of counsel. 1981Compliance with the procedures formulated or “other fully effective means” must be demonstrated as a prerequisite to the “use [of] statements, whether exculpatory or inculpatory, stemming from custodial interrogation”. ( 384 US, at p 444 .) Chief Justice Warren’s opinion discussed fully the pragmatic ramifications to law enforcement as well as the jurisprudential underpinnings of the Miranda decision.	3	1975–1986
Carnley v. Cochran green scotus · 1962 2 sentences 1988(People v Rodriguez, 50 NY2d 553, 557 .) To be sure, the record must show 'an intentional relinquishment or abandonment of a known right or privilege.’ (Johnson v Zerbst, 304 US 458, 464 ; Barker v Wingo, 407 US 514, 526 .) As the United Supreme Court held in Carnley v Cochran ( 369 US 506, 516 ): 'Presuming waiver from a silent record is impermissible. 1983(People v Rodriguez, 50 NY2d 553, 557 .) To be sure, the record must show “an intentional relinquishment or abandonment of a known right or privilege.” (Johnson v Zerbst, 304 US 458, 464 ; Barker v Wingo, 407 US 514, 526 .) As the United States Supreme Court held in Carnley v Cochran ( 369 US 506, 516 ): “Presuming waiver from a silent record is impermissible.	2	1983–1988
Barker v. Wingo green scotus · 1972 2 sentences 1988(People v Rodriguez, 50 NY2d 553, 557 .) To be sure, the record must show 'an intentional relinquishment or abandonment of a known right or privilege.’ (Johnson v Zerbst, 304 US 458, 464 ; Barker v Wingo, 407 US 514, 526 .) As the United Supreme Court held in Carnley v Cochran ( 369 US 506, 516 ): 'Presuming waiver from a silent record is impermissible. 1983(People v Rodriguez, 50 NY2d 553, 557 .) To be sure, the record must show “an intentional relinquishment or abandonment of a known right or privilege.” (Johnson v Zerbst, 304 US 458, 464 ; Barker v Wingo, 407 US 514, 526 .) As the United States Supreme Court held in Carnley v Cochran ( 369 US 506, 516 ): “Presuming waiver from a silent record is impermissible.	2	1983–1988
People v. Rodriguez green ny · 1980 2 sentences 1988(People v Rodriguez, 50 NY2d 553, 557 .) To be sure, the record must show 'an intentional relinquishment or abandonment of a known right or privilege.’ (Johnson v Zerbst, 304 US 458, 464 ; Barker v Wingo, 407 US 514, 526 .) As the United Supreme Court held in Carnley v Cochran ( 369 US 506, 516 ): 'Presuming waiver from a silent record is impermissible. 1983(People v Rodriguez, 50 NY2d 553, 557 .) To be sure, the record must show “an intentional relinquishment or abandonment of a known right or privilege.” (Johnson v Zerbst, 304 US 458, 464 ; Barker v Wingo, 407 US 514, 526 .) As the United States Supreme Court held in Carnley v Cochran ( 369 US 506, 516 ): “Presuming waiver from a silent record is impermissible.	2	1983–1988
Fay v. Noia red scotus · 1963 2 sentences 1971Since defendant was compelled to execute the waiver as a prerequisite to being afforded youthful offender treatment, his actions did not constitute an “ ‘ intentional relinquishment or abandonment of a known right or privilege ’ ” (Fay v. Noia, 372 U. S. 391, 439 ). 1968As stated in Fay v. Noia ( 372 U. S. 391, 439 ): “ The classic definition of waiver enunciated in Johnson v. Zerbst, 304 U. S. 458 , 464 — ‘an intentional relinquishment or abandonment of a known right or privilege ’ furnishes the controlling standard.” The contrived atmosphere of calm created by the conversation and activities of the detective and B’s father created in this young man’s mind an attitude of casual indifference toward the vital legal choices to be made.	2	1968–1971
The People v. Mark Jurgins green ny · 2015 1 sentence 2018There was no waiver because defendant was only advised that he could controvert the predicate felony statement on two grounds: that he was not the person named in the statement and that the conviction was unconstitutionally obtained ( see People v Jurgins , 26 NY3d 607 , 611 n 1 [2015]; cf. People v Thomas , 53 NY2d 338 , 342 n 2 [1987] [express waiver results from an intentional abandonment of a known right or privilege]).	1	2018–2018
Mary Gormley v. Director, Connecticut State Department of Adult Probation green scotus · 1980 1 sentence 1999In this regard, it is the People’s burden to overcome the presumption against the waiver of constitutional right by the submission of evidence establishing “ ‘ “an intentional relinquishment or abandonment of a known right or privilege” ’ ” (People v Howard, 50 NY2d 583, 593 , cert denied 449 US 1023 , quoting Brookhart v Janis, 384 US 1, 4 , quoting Johnson v Zerbst, 304 US 458, 464 ).	1	1999–1999
People v. Howard green ny · 1980 1 sentence 1999In this regard, it is the People’s burden to overcome the presumption against the waiver of constitutional right by the submission of evidence establishing “ ‘ “an intentional relinquishment or abandonment of a known right or privilege” ’ ” (People v Howard, 50 NY2d 583, 593 , cert denied 449 US 1023 , quoting Brookhart v Janis, 384 US 1, 4 , quoting Johnson v Zerbst, 304 US 458, 464 ).	1	1999–1999
People v. Quinones green nyappdiv · 1978 1 sentence 1990It is the People’s burden to overcome that presumption by evidence of ' "an intentional relinquishment or abandonment of a known right or privilege” ’ (Brookhart v Janis, 384 US 1, 4 ; Johnson v Zerbst, 304 US 458, 464 ; People v Whitehurst, 25 NY2d 389, 391 )” (supra, at 593; see also, People v Berrios, 28 NY2d 361, 367-368 ; People v Quinones, 61 AD2d 765, 766 ).	1	1990–1990
Brooklyn Savings Bank v. O'Neil green scotus · 1945 1 sentence 1988Bank v O’Neil, supra.) A valid waiver must not only be voluntary but must also constitute a knowing and intelligent relinquishment of a known right or privilege, a matter which depends in each case upon the particular facts and circumstances.	1	1988–1988
North Carolina v. Butler red scotus · 1979 1 sentence 1986(Miranda v Arizona, 384 US 436, 475 .) Although a waiver of rights, namely, the intentional relinquishment of a known right or privilege (cf. Johnson v Zerbst, 304 US 458, 464 ) may be inferred from an analysis of the totality of the circumstances including the actions and words of a defendant (see, North Carolina v Butler, 441 US 369, 373 ), the evidence adduced at the hearing falls short of that needed to support the conclusion that defendant has knowingly and intelligently waived his right to remain silent and his right to the aid of counsel.	1	1986–1986
Adventurers Whitestone Corp. v. City of New York neutral nyappdiv · 1984 1 sentence 1985To support his claim that a reversal of his convictions is mandated, defendant relies on People v Parker ( 57 NY2d 136 ), People v Trendell ( 61 NY2d 728 ) and two decisions of this court (People v Walker, 104 AD2d 759 ; People v Rodriguez, 102 AD2d 769 ).	1	1985–1985
People v. Walker green nyappdiv · 1984 1 sentence 1985To support his claim that a reversal of his convictions is mandated, defendant relies on People v Parker ( 57 NY2d 136 ), People v Trendell ( 61 NY2d 728 ) and two decisions of this court (People v Walker, 104 AD2d 759 ; People v Rodriguez, 102 AD2d 769 ).	1	1985–1985
Taylor v. United States green scotus · 1973 1 sentence 1985Since “waiver * * * is [ordinarily] ‘an intentional relinquishment or abandonment of a known right or privilege’ ” (Taylor v United States, 414 US 17,19 , supra; Johnson v Zerbst, 304 US 458, 465 , supra), the law mandates “the serious and weighty responsibility upon the trial judge of determining whether there is an intelligent and competent waiver by the accused” (Johnson v Zerbst, 304 US 458, 465 , supra).	1	1985–1985
People v. Trendell green ny · 1984 1 sentence 1985To support his claim that a reversal of his convictions is mandated, defendant relies on People v Parker ( 57 NY2d 136 ), People v Trendell ( 61 NY2d 728 ) and two decisions of this court (People v Walker, 104 AD2d 759 ; People v Rodriguez, 102 AD2d 769 ).	1	1985–1985
People v. Parker green ny · 1982 1 sentence 1985To support his claim that a reversal of his convictions is mandated, defendant relies on People v Parker ( 57 NY2d 136 ), People v Trendell ( 61 NY2d 728 ) and two decisions of this court (People v Walker, 104 AD2d 759 ; People v Rodriguez, 102 AD2d 769 ).	1	1985–1985
In re of an Investigation into the Death of Jon L. green ny · 1982 1 sentence 1983What seems easy in the emergency room may prove to be most difficult in the courtroom. 3.) PURSUANT TO COURT ORDER In the course of deciding Abe A. ( 56 NY2d 288 , supra), the Court of Appeals came to the conclusion that the search warrant authority bestowed on courts of New York State under CPL article 690 was sufficiently broad to implicitly authorize courts to direct and authorize the intrusion (“search”) into a person’s body and the seizure of a sample of his blood providing certain conditions precedent were established to the satisfaction of the authorizing Judge. 3 “[W]e hold a court ord	1	1983–1983
People v. Cohen neutral nyappdiv · 1965	1	1980–1980
People v. Cohen green nysupct · 1964	1	1980–1980
People v. Cohen neutral ny · 1966	1	1980–1980
People v. Rathbun neutral nyappdiv · 1975	1	1979–1979
Tacon v. Arizona green scotus · 1973	1	1977–1977
Robinson v. Neil green scotus · 1973	1	1976–1976
Brown v. Walker green scotus · 1896	1	1975–1975
Haley v. Ohio green scotus · 1948	1	1975–1975
In re Joseph S. neutral nycfamct · 1969	1	1975–1975
Gallegos v. Colorado green scotus · 1962	1	1975–1975

Statutes the citing opinions construe

NY § N.Y. Penal Law § 110.00 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 128 (1965–2026) CO 127 (1977–2026) TX 121 (1968–2024) CT 109 (1972–2025) MD 103 (1963–2026) CA 86 (1962–2026) OR 83 (1968–2026) PA 77 (1964–2025) OH 55 (1969–2026) VA 51 (1966–2026) MO 50 (1973–2024) WA 49 (1963–2026) GA 47 (1968–2022) TN 47 (1970–2026) NY 43 (1964–2025) FL 41 (1963–2026) DC 39 (1974–2024) MI 39 (1970–2021) IN 35 (1967–2023) WI 34 (1971–2026) MN 34 (1957–2026) AZ 34 (1965–2025) IA 33 (1969–2025) NJ 32 (1951–2026) MS 29 (1977–2021) NC 24 (1959–2026) RI 23 (1965–2026) NM 22 (1982–2016) KS 20 (1969–2024) ND 18 (1984–2025) WY 18 (1975–2023) LA 17 (1978–2016) ME 17 (1967–2018) AL 16 (1974–2010) AK 15 (1970–2023) MT 14 (1963–2025) OK 12 (1945–2002) DE 12 (1977–2025) NE 12 (1966–2025) WV 9 (1978–2019) KY 9 (1975–2024) MA 9 (1977–2018) SD 8 (1969–2016) ID 8 (1966–2023) AR 7 (1981–2010) VT 7 (1983–2017) NH 6 (1979–2018) VI 6 (1979–2026) UT 5 (1993–2021) HI 5 (1976–2018) SC 4 (1977–2008) NV 2 (1992–2008) PR 2 (1939–1981) GU 2 (1979–1979)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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