People v. Gamble
Cases that cite this one
9 later published cases cite this decision.
- People v. Warrington (N.Y. 2016)
- People v. Carpenito (N.Y. 1992)
- People v. Nieves (Appellate Division of the Supreme Court of New York 1992)
- People v. Zaporta (Appellate Division of the Supreme Court of New York 1992)
- People v. Cyrus (Appellate Division of the Supreme Court of New York 1991)
- People v. Thomas (Appellate Division of the Supreme Court of New York 1991)
- People v. Moore (Appellate Division of the Supreme Court of New York 1990)
- People v. Esquillin (Appellate Division of the Supreme Court of New York 1988)
- People v. Covington (New York Supreme Court 1988)
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, insofar as appealed from, should be affirmed.
We agree with the majority at the Appellate Division that defendant’s written confession and portions of his oral statement were obtained in violation of his right to counsel, which he invoked by his negative response when asked whether he was "willing to answer questions without an attorney present” (see, People v Carmine A., 53 NY2d 816, 818; People v Cunningham, 49 NY2d 203). Accordingly, the Appellate Division properly ruled that such oral and written statements should have been suppressed.
The Appellate Division’s determination that defendant’s remaining statements were admissible because they were made spontaneously is not before us on this appeal inasmuch as defendant, the party aggrieved by that ruling, is not an appellant here.
Order insofar as appealed from affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.