Appellate Division, Fourth Department · October 2, 2026 · 2026 NY Slip Op 05663
People v Clegg
Read the official decision: 2026 NY Slip Op 05663
Holding The court held that the defendant was in custody during the interview at the parole office because a reasonable person would not have felt free to leave, requiring Miranda warnings that were not given. Consequently, the defendant’s statements and the derived cell phone call log were suppressed, and the guilty plea was vacated.
The court’s words
the totality of the circumstances fails to show that defendant "understood the nature of the appellate rights being waived"
2026 NY Slip Op 05663, at the official text
a reasonable person would have thought that they were not free to leave during questioning
2026 NY Slip Op 05663, at the official text
the questions by the investigators were accusatory in nature, rather than merely investigatory, and were designed to elicit an incriminating response
2026 NY Slip Op 05663, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 2, 2026 |
| Citation | 2026 NY Slip Op 05663 |
| Area of law | Criminal Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05663 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 862 |
| Related records | People v Clegg, 2026 NY Slip Op 05662 |
Recommended citation
ESQ HQ, New York Law Watch, People v Clegg, 2026 NY Slip Op 05663 (Appellate Division, Fourth Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05663/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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