People v. Anderson

2 Citing cases

  1. People v. Rankin

    2014 N.Y. Slip Op. 24363 (N.Y. 2014)

    Additionally, the indelible right to counsel is not dependent upon the existence of a formal retainer agreement (see Grice, 100 NY2d at 322, citing Arthur, 22 NY2d at 329). Nor is its application dependent upon whether counsel is retained by the defendant or the defendant's family (see People v Garofolo, 46 NY2d 592 [1979]; People v Pinzon, 44 NY2d 458 [1978]; People Donovan, 13 NY2d 148 [1963]; see also People v Anderson, 233 AD2d 900 [4th Dept 1996] [defendant's statement was not obtained in violation of his right to counsel where neither "defendant [n]or anyone on his behalf requested that the Public Defender...assist[]...[him]"] [emphasis added]). In the interest of "achieving a balance between...the protection of cherished individual rights, on the one hand, and...effective law enforcement and [the] investigation of crime, on the other[,]" the bright line rule which has been reaffirmed by the Court of Appeals is that "an attorney enters' a criminal matter and triggers the indelible right to counsel when the attorney or a professional associate of the attorney notifies the police that a suspect is represented by counsel" (Grice, 100 NY2d at 322-324 [internal quotations in original]).

  2. People v. Rankin

    998 N.Y.S.2d 573 (N.Y. Cnty. Ct. 2014)   Cited 1 times

    Additionally, the indelible right to counsel is not dependent upon the existence of a formal retainer agreement (see Grice, 100 N.Y.2d at 322, 763 N.Y.S.2d 227, 794 N.E.2d 9, citing Arthur, 22 N.Y.2d at 329, 292 N.Y.S.2d 663, 239 N.E.2d 537 ). Nor is its application dependent upon whether counsel is retained by the defendant or the defendant's family (see People v. Garofolo, 46 N.Y.2d 592, 415 N.Y.S.2d 810, 389 N.E.2d 123 [1979] ; People v. Pinzon, 44 N.Y.2d 458, 406 N.Y.S.2d 268, 377 N.E.2d 721 [1978] ; People v. Donovan, 13 N.Y.2d 148, 243 N.Y.S.2d 841, 193 N.E.2d 628 [1963] ; see also People v. Anderson, 233 A.D.2d 900, 649 N.Y.S.2d 545 [4th Dept.1996] [defendant's statement was not obtained in violation of his right to counsel where neither "defendant [n]or anyone on his behalf requested that the Public Defender ... assist[ ] ... [him]"] [emphasis added] ).