Wednesday, February 15, 2006

CA: Right to counsel that attached in 1998 does not preclude defendant from waiving counsel in 2001

People v Bongarzone-Suarrcy, __ NY3d __ [available here]

The Court of Appeals held, in a decision handed down this past Thursday, that a defendant's right to counsel that attached in 1998 (when the defendant was first questioned about a murder) "did not prevent defendant from waiving counsel and speaking to police in 2001", where the "police who questioned defendant in 2001 neither knew, nor reasonably should have known, of the attorney's entry" in 1998. (People v Bongarzone-Suarrcy, __ NY3d at __.) Nicole at Sui Generis has a full review of the decision here.