From Casetext: Smarter Legal Research

People v. Enrique

Court of Appeals of the State of New York
Jul 7, 1992
80 N.Y.2d 869 (N.Y. 1992)

Opinion

Argued June 1, 1992

Decided July 7, 1992


Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Edward McLaughlin, J. Joseph V. DiBlasi for appellant.

Robert M. Morgenthau, District Attorney (Jeanne A. Olivo and James D. Gibbons of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed. We agree with the Appellate Division, for the reasons stated by Justice Sullivan (see, 165 A.D.2d 13), that the defendant's Sixth Amendment rights under the United States Constitution were not abridged by the court's ruling that defense counsel could not confer with his client during a luncheon recess. Nor do we perceive any basis for a different result under the State Constitution.


Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge KAYE dissents and votes to reverse in an opinion.

Order affirmed in a memorandum.


I disagree that this case, involving a two-hour luncheon recess during which defendant was denied all access to counsel, is controlled by Perry v Leeke ( 488 U.S. 272). I would rule that the trial court abused its discretion and violated defendant's Federal right to counsel. Moreover, the trial court's action clearly ran afoul of the greater protections afforded by New York's right to counsel clause (NY Const, art I, § 6).

Accordingly, I would reverse the conviction and order a new trial.


Summaries of

People v. Enrique

Court of Appeals of the State of New York
Jul 7, 1992
80 N.Y.2d 869 (N.Y. 1992)
Case details for

People v. Enrique

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN JOSE ENRIQUE…

Court:Court of Appeals of the State of New York

Date published: Jul 7, 1992

Citations

80 N.Y.2d 869 (N.Y. 1992)
587 N.Y.S.2d 598
600 N.E.2d 229

Citing Cases

People v. Branch

We now affirm. There can be no question that once a witness takes the stand the truth-seeking function of a…

People v. Mojica

: "Nor do we see any reason why New York courts, in interpreting the State Constitution (art I, § 6), should…