People v. Jin Cheng Lin


AD2 order dated April 3, 2013, modifying judgment of conviction. Decision below: 105 AD3d 761, 963 NYS2d 131. Hall, J. (AD dissenter), granted leave June 13, 2013. Argued January 12, 2016.
ISSUES PRESENTED: (1) Whether the defendant was improperly precluded, at trial, from introducing a pre-arraignment videotaped statement to an ADA, to show defendant’s emotional demeanor and thus the involuntariness of his preceding statements to the police. (2) The voluntariness of the statements due to the length of time he was questioned by police. (3) Whether the delay in arraignment was strategically designed so that defendant could be questioned outside the presence of counsel, thus rendering the statement involuntary. (4) The court’s instructions directing the jury to continue deliberating after refusing to accept a repugnant verdict. (5) The court’s refusal to direct the jury to reconsider the verdict in its entirety. (Assigned counsel: De Nice Powell & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)