People v. Ortlieb
Cases that cite this one
23 later published cases cite this decision.
- People v. Ramos (N.Y. 2002)
- People v. Gause (Appellate Division of the Supreme Court of New York 2007)
- People v. Keller (Appellate Division of the Supreme Court of New York 2002)
- People v. Diaz (Appellate Division of the Supreme Court of New York 2001)
- People v. Chatman (Appellate Division of the Supreme Court of New York 2001)
- People v. Moore (Appellate Division of the Supreme Court of New York 2001)
- People v. Hales (Appellate Division of the Supreme Court of New York 2000)
- People v. Gordon (Appellate Division of the Supreme Court of New York 2000)
- People v. Lynch (Appellate Division of the Supreme Court of New York 2000)
- People v. Garner (Appellate Division of the Supreme Court of New York 2000)
- People v. Richards (Appellate Division of the Supreme Court of New York 2000)
- People v. Mastin (Appellate Division of the Supreme Court of New York 1999)
- People v. McCall (Appellate Division of the Supreme Court of New York 1998)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1998)
- People v. Motter (Appellate Division of the Supreme Court of New York 1997)
- People v. Liles (Appellate Division of the Supreme Court of New York 1997)
- People v. DelRio (Appellate Division of the Supreme Court of New York 1996)
- People v. Dearstyne (Appellate Division of the Supreme Court of New York 1996)
- People v. Placencia (Appellate Division of the Supreme Court of New York 1996)
- People v. Rodriguez (Appellate Division of the Supreme Court of New York 1996)
- People v. Peak (Appellate Division of the Supreme Court of New York 1995)
- People v. Rojas (Appellate Division of the Supreme Court of New York 1995)
- People v. Ellis (Appellate Division of the Supreme Court of New York 1995)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
On March 29, 1992, at approximately 7:00 a.m., defendant was arrested in connection with the stabbing death of his former girlfriend. Defendant was advised of his Miranda rights upon arrest and again at the station house. At 9:30, defendant agreed to talk to the officers without an attorney present and, at 12:15 p.m., signed a written statement confessing to the crime. Defendant was arraigned at 1:00 p.m. At the Huntley hearing, one of the interrogating officers testified that the reason defendant was not taken for arraignment at 9:30 *990 was that the police "wanted to talk to him.” County Court found that defendant competently and voluntarily waived his Miranda rights and accordingly denied suppression of the statement. Defendant pleaded guilty to second degree murder, and the Appellate Division affirmed.
Defendant contends that he was entitled to suppression on the ground that arraignment was postponed for the sole purpose of depriving him of the right to counsel, a contention not supported by the record. We therefore conclude that there was no "unnecessary delay” (CPL 140.20 [1]), and thus suppression was properly denied (see, People v Wilson, 56 NY2d 692, 694; see also, Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11A, CPL 140.20, at 540).
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.