The pattern that has characterized the decisions of the New York Court of Appeals in criminal law in recent years continued this past term. The Court decided only 46 criminal cases, of which 29 were memorandum decisions—short, unsigned opinions, often followed by lengthy (and sometimes sharp) dissents. Judges Rivera and Wilson were frequent dissenters: Judge Rivera dissented in 15 cases, and Judge Wilson in 17; typically they dissented together. Chief Judge DiFiore and Judges Garcia, Singas and Cannataro were in the majority in every case. No new rights were created; indeed, many of the cases were of little interest to anyone but the parties.

Perhaps the most assailed decision of the term was the 5 to 2 ruling in People v. Dawson, 2022 N.Y. Slip Op. 02772, in which the question was whether the defendant, a 19-year-old, had unequivocally requested the assistance of counsel during a custodial interrogation. Arrested for sexual assault, Dawson was read his Miranda rights, and this colloquy followed:

Detective: "Do you understand each of your rights?"