New York Court of Appeals

The People of the State of New York v. Vincent J. Bevilacqua, Jr.

November 2, 197845 N.Y.2d 508

Summary

The Court held that the police's refusal to notify the defendant's mother and the concealment of his whereabouts from his attorney violated his constitutional right to counsel, requiring suppression of both his oral and written confessions and mandating reversal of his convictions and a new trial. The majority emphasized that such conduct undermines a knowing, voluntary waiver of counsel. Justice Jasen dissented, arguing that the defendant, an experienced adult, had knowingly waived his rights and that the majority erred in suppressing the oral confession. The dissent would have affirmed the convictions.