People v. Sapir

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY SAPIR, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 1993

191 A.D.2d 724 (N.Y. App. Div. 1993)

596 N.Y.S.2d 715

Opinion

March 29, 1993

Appeal from the Supreme Court, Kings County (Brill, J.).

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5) (see, People v. Shurka, 191 A.D.2d 724 [decided herewith]). Balletta, J.P., Rosenblatt and Miller, JJ., concur.

O'Brien, J., dissents and votes to reverse the judgment, on the law, to grant that branch of the defendant's motion which was to suppress his statements to law enforcement authorities, and to order a new trial, with the following memorandum:

I find that the statements made by the defendant to his codefendant in Hebrew were obtained from the defendant in violation of his right to counsel and were therefore inadmissible on the People's direct case. Since the admission of these statements was not harmless error, I would reverse the defendant's conviction and grant him a new trial (see, People v. Shurka, 191 A.D.2d 724 [decided herewith]).