People v Harris
Annotate this Case
People v Harris
2012 NY Slip Op 08058
Decided on November 27, 2012
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 27, 2012
No. 233 SSM 30
[*1]The People & c., Appellant,
v
James A. Harris, Jr., Respondent.
Submitted by Andrew W. Kass, for appellant.
Submitted by Warren S. Hecht, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed. There is support in the record for the Appellate Division's determination that defendant unequivocally invoked his right to counsel while in custody, and that mixed question of law and fact is beyond our further review. We agree with the Appellate Division that the hearing court's error in failing to suppress defendant's statements was not harmless beyond a reasonable doubt and that defendant is entitled to a new trial.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
Decided November 27, 2012
Decided on November 27, 2012
No. 233 SSM 30
[*1]The People & c., Appellant,
v
James A. Harris, Jr., Respondent.
Submitted by Andrew W. Kass, for appellant.
Submitted by Warren S. Hecht, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed. There is support in the record for the Appellate Division's determination that defendant unequivocally invoked his right to counsel while in custody, and that mixed question of law and fact is beyond our further review. We agree with the Appellate Division that the hearing court's error in failing to suppress defendant's statements was not harmless beyond a reasonable doubt and that defendant is entitled to a new trial.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
Decided November 27, 2012
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
