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[Download] "People State New York v. James Bethea" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

People State New York v. James Bethea

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eBook details

  • Title: People State New York v. James Bethea
  • Author : Court of Appeals of New York
  • Release Date : January 13, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

[67 N.Y.2d 364 Page 366] Opinion OF THE COURT This appeal presents the question whether in view of the possible inconsistency between our decision in People v Chapple (38 N.Y.2d 112) and that of the Supreme Court in Oregon v Elstad (470 U.S. 298) the rule declared by us in Chapple remains viable. We conclude that the mandate of NY Constitution, article I, § 6 that [no] person * * * shall * * * be compelled in any criminal case to be a witness against himself would have little deterrent effect if the police know that they can as part of a continuous chain of events question a suspect in custody without warning, provided only they thereafter question him or her again after warnings have been given. The rule of the Chapple case, therefore, continues as a matter of State constitutional law, to govern the admissibility of statements obtained as a result of continuous custodial interrogation.


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