1.14 - D. Suspect Is Represented On An Unrelated Case

JurisdictionNew York

D. Suspect Is Represented on an Unrelated Case

In the 1979 Rogers case,42 the Court of Appeals opened a Pandora’s box. Can a suspect in custody be questioned by police in the absence of counsel if the suspect is represented by counsel on a pending criminal case unrelated to the matter about which the police intend to inquire?43

In all events when police are told by a suspect’s lawyer that the lawyer no longer represents him or her, they may question the suspect without violating his or her right to counsel.44


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Notes:

[42] . People v. Rogers, 48 N.Y.2d 167, 422 N.Y.S.2d 18 (1979).

[43] . Judge Jasen, in...

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