Court of Appeals of New York

Defendant's guilty plea as to four counts of criminal possession of a controlled substance in the seventh degree is vacated and the accusatory instrument dismissed, where: 1) at arraignment, the court did not address defendant and defendant did not speak, nor was defendant advised of any constitutional rights he was waiving; 2) under People v. Tyrell, presuming waiver from a silent record is impermissible; and 3) the record must show that an accused intelligently and understandingly rejected his constitutional rights.

Appellate Information

• Decided 10/23/2014
• Published 10/23/2014

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• Court of Appeals of New York

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