自分の作った論証を晒し、甘んじて批判を受けるスレ
Waiver of Miranda Right unde N.Y. rule
The issue is whether D validly waived his Miranda right. The rule under N.Y. law that is stricter
than the Federal law is that it is necessary for statement to be admitted that D makes (1) a
valid waiver of his rights (2) before making a statement. For a waiver of Miranda right to be valid,
the rule is that Defendant' waved his right voluntarily, knowingly, and intelligently. After request of
his attorney, he cannot waive his right in the absence of his attorney. Additionally, his statement
made in the absence of his attorney is inadmissible. In this case,〜
The issue is whether D validly waived his Miranda right. The rule under N.Y. law that is stricter
than the Federal law is that it is necessary for statement to be admitted that D makes (1) a
valid waiver of his rights (2) before making a statement. For a waiver of Miranda right to be valid,
the rule is that Defendant' waved his right voluntarily, knowingly, and intelligently. After request of
his attorney, he cannot waive his right in the absence of his attorney. Additionally, his statement
made in the absence of his attorney is inadmissible. In this case,〜
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