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People v. Stroh

401 N.E.2d 906, 48 N.Y.2d 1000, 425 N.Y.S.2d 548, 1980 N.Y. LEXIS 2052
CourtNew York Court of Appeals
DecidedJanuary 8, 1980
StatusPublished
Cited by6 cases

This text of 401 N.E.2d 906 (People v. Stroh) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Stroh, 401 N.E.2d 906, 48 N.Y.2d 1000, 425 N.Y.S.2d 548, 1980 N.Y. LEXIS 2052 (N.Y. 1980).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Before making any incriminating statements, appellant stated that he “would like to either have an attorney or a priest to talk to, to have present”. By making this request, appellant asserted his right to counsel. (See People v Buxton, 44 NY2d 33.)

When a criminal defendant requests the assistance of counsel, the police are obligated to scrupulously honor that request. (People v Grant, 45 NY2d 366, 376.) In this case, the police failed to satisfy this obligation inasmuch as they continued to question defendant despite his expressed desire to seek the assistance of an attorney and to have counsel present at the questioning. Therefore, all statements made by defendant subsequent to his request for an attorney were properly suppressed by the court below. (People v Grant, 45 NY2d 366, supra; People v Munlin, 45 NY2d 427; People v Clark, 45 NY2d 432.)

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Bluebook (online)
401 N.E.2d 906, 48 N.Y.2d 1000, 425 N.Y.S.2d 548, 1980 N.Y. LEXIS 2052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stroh-ny-1980.