- Associated Press - Tuesday, April 5, 2016

ALBANY, N.Y. (AP) - A former Rikers Island inmate’s robbery conviction has been upheld by the state’s highest court, which refused to throw out as evidence the taped phone calls he made from jail.

The Court of Appeals says Marcellus Johnson wasn’t induced or coerced by authorities to call friends and family and make incriminating statements while awaiting trial.

Also, notices were posted that jail officials monitor calls, except for those with lawyers, clergy, doctors and prison oversight agencies.

But the court says Johnson was never informed the other recordings might be released to prosecutors, which he did not consent to.

The court says its narrow ruling released Tuesday shouldn’t be interpreted as approval for the practice.

Johnson was convicted of stealing a wallet, cellphone and debit card from a drunken tourist in 2011.



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