People v. Hauswirth
| Decision Date | 23 November 1983 |
| Citation | 60 N.Y.2d 904,470 N.Y.S.2d 583 |
| Parties | , 458 N.E.2d 1260 The PEOPLE of the State of New York, Respondent, v. John L. HAUSWIRTH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Order affirmed for the reasons stated in that portion of the opinion by Justice James H. Boomer at the Appellate Division (89 A.D.2d 357, 455 N.Y.S.2d 442) which holds that the defendant's right to counsel had not attached under the State Constitution at the time of the telephone conversation.
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People v. Bing
...police may eavesdrop on conversations between an informer and a suspect who has counsel on a pending charge (People v. Hauswirth, 60 N.Y.2d 904, 470 N.Y.S.2d 583, 458 N.E.2d 1260). In People v. Colwell, 65 N.Y.2d 883, 885, 493 N.Y.S.2d 298, 482 N.E.2d 1214, we refused to suppress statements......
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People v. Bertolo
...623; People v. Torres, 97 A.D.2d 802, 804, 468 N.Y.S.2d 546; People v. Hauswirth, 89 A.D.2d 357, 455 N.Y.S.2d 442, affd. 60 N.Y.2d 904, 470 N.Y.S.2d 583, 458 N.E.2d 1260). Based on the facts adduced in the record, and the applicable principles of law, accurately summarized by Justice O'CONN......
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People v. Margolies
...new criminal activity. People v. Hauswirth, 89 A.D.2d 357, 359, 455 N.Y.S.2d 442 (4th Dept, 1982), aff'd 60 N.Y.2d 904, 470 N.Y.S.2d 583, 458 N.E.2d 1260 (1983). That the existence of a pending case is the linchpin of the Rogers-Bartolomeo line of cases is made clear in subsequent decisions......
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People v. Davis
...supra, at 29-30, 436 N.Y.S.2d 207, 417 N.E.2d 501; cf., People v. Hauswirth, 89 A.D.2d 357, 455 N.Y.S.2d 442, affd. 60 N.Y.2d 904, 470 N.Y.S.2d 583, 458 N.E.2d 1260; and People v. Mann, 60 N.Y.2d 792, 469 N.Y.S.2d 681, 457 N.E.2d The Appellate Division relied on the Cunningham decision in r......
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