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People v. Lane

Court of Appeals of the State of New York
Apr 23, 1985
64 N.Y.2d 1047 (N.Y. 1985)

Opinion

Argued March 20, 1985

Decided April 23, 1985

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John J. Clyne, J.

Lisa Oppedisano for appellant.

Sol Greenberg, District Attorney ( George H. Barber of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The police did not violate the defendant's right to counsel under the State Constitution by obtaining the statement after the victim had signed a felony complaint. Although the right to counsel attaches once the criminal action has been commenced ( People v Blake, 35 N.Y.2d 331; People v Settles, 46 N.Y.2d 154) that stage had not been reached in this case. As we noted in People v Samuels ( 49 N.Y.2d 218), in this State the criminal action commences with the filing of the accusatory instrument, including the felony complaint (CPL 1.20, [8], [17]). Thus in the case now before us when the accusatory instrument had been signed but had not been filed in court, no criminal action had been commenced and the defendant's right to counsel had not attached at the time of the questioning.

We have considered the defendant's other arguments and find them to be without merit.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

Order affirmed in a memorandum.


Summaries of

People v. Lane

Court of Appeals of the State of New York
Apr 23, 1985
64 N.Y.2d 1047 (N.Y. 1985)
Case details for

People v. Lane

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN LANE, Appellant

Court:Court of Appeals of the State of New York

Date published: Apr 23, 1985

Citations

64 N.Y.2d 1047 (N.Y. 1985)
489 N.Y.S.2d 704
478 N.E.2d 305

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