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

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the admission of the defendant’s recorded telephone calls did not violate his Sixth Amendment right to counsel, that the Department’s recording and dissemination of the calls was not ultra vires, and that the defendant’s consent claim was unpreserved. The court emphasized that the Department acted merely as a passive recorder, not a government agent eliciting statements. A concurring opinion warned that unrestricted prosecutorial access to inmate calls raises serious constitutional concerns.