People v. Lane
| Decision Date | 23 April 1985 |
| Citation | 64 N.Y.2d 1047,489 N.Y.S.2d 704 |
| Parties | , 478 N.E.2d 1305 The PEOPLE of the State of New York, Respondent, v. Warren LANE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 101 A.D.2d 925, 475 N.Y.S.2d 934, 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, 361 N.Y.S.2d 881, 320 N.E.2d 625; People v. Settles, 46 N.Y.2d 154, 412 N.Y.S.2d 874, 385 N.E.2d 612) that stage had not been reached in this case. As we noted in People v. Samuels, 49 N.Y.2d 218, 424 N.Y.S.2d 892, 400 N.E.2d 1344, in this State the criminal action commences with the filing of the accusatory instrument, including the felony complaint (CPL 1.20). 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.
Order affirmed in a memorandum.
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...Court of Appeals. The Court of Appeals unanimously affirmed the conviction in a brief memorandum opinion. People v. Lane, 64 N.Y.2d 1047, 489 N.Y.S.2d 704, 478 N.E.2d 1305 (1985). Petitioner, while an inmate of Clinton Correctional Facility, filed pro se in this District Court in 1986 a pet......
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