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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
CourtAppellate Division, Fourth Department
DecidedOctober 2, 2026
Citation2026 NY Slip Op 05663
Area of lawCriminal Procedure
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05663
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id862
Related recordsPeople 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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Published October 2, 2026. Updated October 2, 2026.