Court of Appeals of New York

Denial of defendant’s motion to set aside his conviction pursuant to CPL 440.10 on the basis that a 2006 interview in which he related information regarding the crime violated his right to counsel is affirmed, where: 1) defendant’s attorney told police that their attorney-client relationship had ceased; and 2) when police are told by a suspect’s attorney that the attorney no longer represents him, they may question the suspect without violating his right to counsel.

Appellate Information

• Decided 10/21/2014
• Published 10/21/2014

Judges

• Smith

Court

• Court of Appeals of New York

Counsel