(DOWNLOAD) "People v. Whaley" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Whaley
- Author : Supreme Court of New York
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
— Judgment unanimously affirmed. Memorandum: County Court erred in denying that part of the motion of defendant seeking suppression of his statement obtained by the police on September 23, 1992, when defendant was in custody on unrelated charges. The police interrogation of defendant in the absence of counsel was improper because defendant was represented by counsel both on the matter under investigation (see, People v West, 81 NY2d 370, 374; People v Garofolo, 46 NY2d 592, 599) and on the unrelated charges on which he was taken into custody (see, People v Burdo, 91 NY2d 146, 149; People v Rogers, 48 NY2d 167, 169). Thus, the statement was obtained in violation of defendants right to counsel and should have been suppressed. The only reference to that statement at trial, however, was elicited by defense counsel on cross-examination of a prosecution witness. Consequently, defendant forfeited any objection to the only evidence relating to his statement that was received at trial (see, People v Smalls, 115 AD2d 783, 784, lv denied 67 NY2d 890, 1057).
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