People v. Smith
| Decision Date | 22 October 1981 |
| Citation | 54 N.Y.2d 954,429 N.E.2d 823,445 N.Y.S.2d 145 |
| Parties | , 429 N.E.2d 823 The PEOPLE of the State of New York, Respondent, v. Ronald C. SMITH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be reversed, 79 A.D.2d 210, 436 N.Y.S.2d 519, the statements obtained from defendant suppressed, and a new trial granted.
There is no question that the officer who questioned defendant knew that defendant had been arrested eight months earlier on a sodomy charge by the same police department. Indeed the officer testified that he assumed that defendant had an attorney on that charge. Since he had actual notice, the officer was "under an obligation to inquire whether defendant was represented by an attorney" on the earlier charge (People v. Bartolomeo, 53 N.Y.2d 225, 232, 440 N.Y.S.2d 894, 423 N.E.2d 371; see People v. Ramos, 40 N.Y.2d 610, 617-618, 389 N.Y.S.2d 299, 357 N.E.2d 955).
There is, however, no basis for suppression of the evidence obtained from the vehicle used by defendant. There is an affirmed finding of consent of the registered owner, the woman with whom defendant was then living. The fact that she was told the police had a search warrant (later found invalidly issued) before she said "it wouldn't be necessary, that she would cooperate and could look at the car, to do anything we want to do" does not mandate a finding that she was simply acquiescing to the execution of the warrant rather than consenting to the search.
Since the rule just recently announced in People v. Bartolomeo, 53 N.Y.2d 225, 440 N.Y.S.2d 894, 423 N.E.2d 371, is now being extended, I am compelled to dissent.
The defendant murdered a young woman and several days later was arrested and admitted hitting the victim after an argument. The confession was voluntary and was made only after the defendant had been advised of his rights and waived them.
If this had been the defendant's first encounter with the law he would have no cause for complaint regarding the police questioning. But because the defendant committed the murder while he was awaiting disposition on another indictment charging him with sodomy he claims the special protection of a defendant with a record (see People v. Bartolomeo, supra). In Bartolomeo, however, the court...
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