1.7 - 4. Waiver Of Counsel By Suspect

JurisdictionNew York

4. Waiver of Counsel by Suspect

Although a defendant against whom charges have been lodged cannot waive his indelible right to counsel on those charges except in the presence of counsel,18 an incarcerated suspect, who has been produced for an investigatory lineup via court order but is uncharged on the allegations for which the lineup is being held, can waive counsel’s presence if the waiver is voluntarily and intelligently made.19 Counsel may waive his or her own presence at a lineup.20


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Notes:

[18] . People v. Settles, 46 N.Y.2d 154, 412...

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