New York Court of Appeals, 1982

People v. Mandrachio

New York Court of Appeals · Decided February 9, 1982

55 N.Y.2d 906; 433 N.E.2d 1272; 449 N.Y.S.2d 24; 1982 N.Y. LEXIS 3103

Cases that cite this one

27 later published cases cite this decision. The 25 that cite it most often are listed here.

Harden v. State (Miss. 2011)
People v. Newmark (Appellate Division of the Supreme Court of New York 2017)
People v. Perkins (Appellate Division of the Supreme Court of New York 2015)
BROWN, BRIAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
PeoplevMosley (Appellate Division of the Supreme Court of New York 2014)
People v. Brown (Appellate Division of the Supreme Court of New York 2014)
People v. Brown (Appellate Division of the Supreme Court of New York 2014)
People v. Mosley (Appellate Division of the Supreme Court of New York 2014)
People v. Mosley (Appellate Division of the Supreme Court of New York 2014)
Timmy Terrell Harden v. State of Mississippi (Miss. 2008)
People v. Whyte (Appellate Division of the Supreme Court of New York 2002)
People v. Brandon (Appellate Division of the Supreme Court of New York 2000)
People v. Blanco (Appellate Division of the Supreme Court of New York 1998)
State v. Cardona (N.J. Super. Ct. App. Div. 1991)
People v. Smith (Appellate Division of the Supreme Court of New York 1991)
People v. Persaud (Appellate Division of the Supreme Court of New York 1990)
People v. McPhee (Appellate Division of the Supreme Court of New York 1990)
People v. Wade (Appellate Division of the Supreme Court of New York 1989)
People v. Padilla (Appellate Division of the Supreme Court of New York 1987)
People v. Glinsman (Appellate Division of the Supreme Court of New York 1985)
People v. McClain (Appellate Division of the Supreme Court of New York 1985)
People v. O'Dell (Appellate Division of the Supreme Court of New York 1985)
People v. Siu Wah Tse (Appellate Division of the Supreme Court of New York 1983)
People v. Davis (Appellate Division of the Supreme Court of New York 1983)
People v. Balint (Appellate Division of the Supreme Court of New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The defendant’s contention that the police failed to scrupulously honor his right to remain silent was not raised in the trial court and thus has not been preserved for review. Nor in the context of this record can it be said, as a matter of law, that the prosecutor should have interpreted the defendant’s remark that he could not afford an attorney as a request for assigned counsel. Significantly the defendant himself did not suggest that his comment should be so construed until the case was on appeal.

We have considered the defendant’s other contentions and have found them to be without merit.

Judges Jasen, Gabrielli, Wachtler and Fuchsberg concur; Judge Meyer concurs in result only; Chief Judge Cooke dissents and votes to reverse for the reasons stated in the dissenting opinion by Justice John Carro at the Appellate Division (79 AD2d 278, 284-286); Judge Jones taking no part.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.