Opinion
October 27, 1994
Appeal from the Supreme Court, Bronx County, Joseph Cerbone, J., Daniel Sullivan, J.
Defendant's motion to suppress statements was properly denied. The non-coercive circumstances under which defendant accompanied the police to the station amply support the conclusion that defendant was not in custody (People v. Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 851), and, therefore, the rule that a suspect in custody who requests counsel may not withdraw such request in counsel's absence (People v. Cunningham, 49 N.Y.2d 203) did not apply (People v. Davis, 75 N.Y.2d 517). In any event, defendant's request for counsel, which was followed, almost in the same breath, by a withdrawal of that request, did not constitute an unequivocal invocation of the right to counsel (see, People v. Sanchez, 117 A.D.2d 685).
Concur — Sullivan, J.P., Ross, Asch and Rubin, JJ.