PEOPLE v. BARTOLOMEO


53 N.Y.2d 225 (1981)

The People of the State of New York, Respondent, v. Peter Bartolomeo, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1981.


Attorney(s) appearing for the Case

Richard A. Greenberg for appellant.

Patrick Henry, District Attorney (Vincent A. Malito of counsel), for respondent.

Chief Judge COOKE and Judges FUCHSBERG and MEYER concur with Judge JONES; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judges JASEN and GABRIELLI concur.


JONES, J.

Where to the knowledge of the interrogating officer a suspect being questioned had been arrested by the same law enforcement agency nine days previously on an unrelated charge, statements obtained in consequence of the interrogation must be suppressed if in fact the suspect is represented by an attorney with respect to the unrelated charge even though the fact of such representation is unknown to the...

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