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7 Cards in this Set

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  • Back
In NY, when does the right to counsel apply?
Normally a criminal proceeding is deemed to commence upon charging.

But in NY, an attorney may not be excluded from an identification proceeding where the defendent is represented by counsel, explicity requests counsel, and the police are aware of the representation
What can the D get his hands on regarding the grand jury?
Grand jury minutes of his or his codefendant's testimony.

After thejury has been sworn and before the prosecutor's opening statement, prosecutor must turn over to the defense any written, recorded, or videotaped statement, including any grand jury testimony made by a person whom the prosecutor intends to call as a witness relatin to the subject matter of the witness's testimony
Are miranda warnings required before a sobriety test?
No, because they are not interrogations
How does NY determine the reasonableness of a detention?
NY uses a sliding scale,

information on the first level and are valid if they are based on anything more reasonable than whim or caprice
When may police stop a person for investigative purposes?
If they have a reasonable suspicion that crminal activity is afoot.
When will attorney conflict of interest be sufficient to reverse a conviction?
only when there is an identifiably negative consequence arising from the alleged conflict
When doesn't a defendent have to be charged with all offenses arising from a single transaction?
unless the offenses have substantially different elements