New York Court of Appeals

The People of the State of New York v. Dennis Tutt, Also Known as Dennis Warren

April 1, 197638 N.Y.2d 1011

Summary

The New York Court of Appeals affirmed the Appellate Division's order because the defendant failed to preserve at the suppression hearing the specific Miranda error concerning the right to counsel during interrogation. The majority held that without such preservation, the appellate court could not reverse the suppression decision. Justice Cooke dissented, arguing the warnings were insufficient and should be reversed, while Justice Gabrielli concurred, agreeing with the affirmation but providing additional reasoning on the adequacy of the warnings.