Court Orders New Trial Because of Improper Miranda Preamble
January 20, 2016
Appellate Advocates client Leo Marino was convicted of two counts of unauthorized use of a vehicle in the third degree, grand larceny in the third degree, and related crimes in connection with three alleged car thefts. On appeal, the Appellate Division, Second Department, held that the lower court had erred in denying counsel’s motion to suppress appellant’s videotaped statement because a preamble that read to Mr. Marino before his Miranda rights violated People v. Dunbar, 24 N.Y.3d 304 (2014).
The court ordered a new trial on four counts because the videotaped statement “may have contributed to his conviction” on those crimes. (The court affirmed on four other counts because there was “no reasonable possibility” that the improperly introduced statement could have contributed to the conviction on those counts.)
Mark Vorkink briefed and argued the case on behalf of Appellate Advocates.