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People v. Lucarano

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1983
93 A.D.2d 840 (N.Y. App. Div. 1983)

Opinion

April 11, 1983


Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered October 1, 1981, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The only issue on this appeal is whether the hearing court erred in refusing to suppress the defendant's incriminatory statements obtained in the absence of counsel. It is undisputed that the interrogating officers were aware that defendant had several prior arrests and that he denied that he was represented by counsel when the officers made appropriate inquiry (see People v Smith, 54 N.Y.2d 954; People v Bartolomeo, 53 N.Y.2d 225). Defendant would have this court impose a rule which would require the police to check the records within their jurisdiction, upon every arrest, to determine whether the respective defendant was being represented by counsel on an unrelated charge. In People v Servidio ( 77 A.D.2d 191, affd 54 N.Y.2d 951), this court squarely rejected such a rule. We adhere to that determination herein. Since defendant denied that he was represented by counsel, and voluntarily waived his right to have an attorney present during questioning, his statements were not subject to being suppressed. Gibbons, J.P., Thompson, Bracken and Niehoff, JJ., concur.


Summaries of

People v. Lucarano

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1983
93 A.D.2d 840 (N.Y. App. Div. 1983)
Case details for

People v. Lucarano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM A. LUCARANO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 11, 1983

Citations

93 A.D.2d 840 (N.Y. App. Div. 1983)

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