New York Court of Appeals

The People of the State of New York v. Bruce Bing, Appellant the People of the State of New York v. Thomas Cawley…

July 2, 199076 N.Y.2d 331

Summary

The Court of Appeals overruled People v. Bartolomeo, holding that the derivative right to counsel based on a prior pending charge is untenable. Accordingly, the Court affirmed the Appellate Division decisions denying suppression in People v. Bing and People v. Medina, and reversed the Appellate Division's suppression order in People v. Cawley. The decision emphasizes policy considerations and the impracticality of the Bartolomeo rule.