The People of the State of New York, Respondent v. Marcellus Johnson, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the prosecution's use of recorded inmate telephone calls was admissible and did not violate the defendant's Sixth Amendment right to counsel. The court rejected the defendant's claims of ultra vires statutory violation and lack of consent, and noted that the decision does not endorse the Department's practices. Judge Pigott filed a concurring opinion urging reform of the prosecutor's access to such recordings.