1.18 - 4. The Bing Decision

JurisdictionNew York

4. The Bing Decision

In 1990, the Court of Appeals declared the Bartolomeo rule unworkable and overruled itself.57 In three cases before the Court, the defendants had waived their Miranda rights, and all police questioning had solely concerned matters unrelated to defendants’ pending charges. The Court justified its decision by arguing, inter alia, that the indelible right to counsel provided by Bartolomeo was not available to a first-time arrestee but, due to its derivative nature, provided a right for career criminals. The Court emphasized the difference between Rogers and Bartolomeo, stressing that its decision should not be...

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