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DEFENDANT SAID HE WOULD NOT GO TO THE POLICE STATION WITHOUT A PARENT OR AN ATTORNEY, THAT CONSTITUTED AN ASSERTION OF HIS RIGHT TO COUNSEL, SUBSEQUENT STATEMENT SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT).

The Fourth Department, reversing County Court, determined defendant had asserted his right to counsel by saying he would not go to the police station without a parent or an attorney. Therefore the motion to suppress the subsequent statement should have been granted. Before the defendant went to the station, the police, at defendant’s request, took the defendant to see a man defendant described as like a father to him. The man accompanied the police and defendant to the station and spoke with the defendant before the defendant waived his rights a made a statement:

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In People v Stroh (48 NY2d 1000, 1001), the defendant told the police that “he would like to have either an attorney or a priest to talk to, to have present.’ ” The Court held that, “[b]y making this request, [the defendant] asserted his right to counsel” (id.). We see no relevant distinction in the facts presented in this case, and we are therefore constrained to conclude that the statements made by defendant to the detective at the police station must be suppressed because defendant asserted his right to counsel. …

We conclude that the court’s error is not harmless inasmuch as there is a “reasonable possibility that the error might have contributed to defendant’s conviction” … . We therefore grant that part of the omnibus motion seeking to suppress the statements made by defendant at the police station … , and we grant a new trial … . People v Lewis, 2017 NY Slip Op 06776, Fourth Dept 9-29-17

 

CRIMINAL LAW (DEFENDANT SAID HE WOULD NOT GO TO THE POLICE STATION WITHOUT A PARENT OR AN ATTORNEY, THAT CONSTITUTED AN ASSERTION OF HIS RIGHT TO COUNSEL, SUBSEQUENT STATEMENT SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT))/ATTORNEYS (CRIMINAL LAW, DEFENDANT SAID HE WOULD NOT GO TO THE POLICE STATION WITHOUT A PARENT OR AN ATTORNEY, THAT CONSTITUTED AN ASSERTION OF HIS RIGHT TO COUNSEL, SUBSEQUENT STATEMENT SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT))/EVIDENCE (CRIMINAL LAW, SUPPRESSION, DEFENDANT SAID HE WOULD NOT GO TO THE POLICE STATION WITHOUT A PARENT OR AN ATTORNEY, THAT CONSTITUTED AN ASSERTION OF HIS RIGHT TO COUNSEL, SUBSEQUENT STATEMENT SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT))/SUPPRESSION (CRIMINAL LAW, STATEMENT, DEFENDANT SAID HE WOULD NOT GO TO THE POLICE STATION WITHOUT A PARENT OR AN ATTORNEY, THAT CONSTITUTED AN ASSERTION OF HIS RIGHT TO COUNSEL, SUBSEQUENT STATEMENT SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT))/RIGHT TO COUNSEL (CRIMINAL LAW, SUPPRESSION, DEFENDANT SAID HE WOULD NOT GO TO THE POLICE STATION WITHOUT A PARENT OR AN ATTORNEY, THAT CONSTITUTED AN ASSERTION OF HIS RIGHT TO COUNSEL, SUBSEQUENT STATEMENT SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT))

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