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PEOPLE v. SLOCUM

No. 17.

29 N.Y.3d 954 (2017)

73 N.E.3d 841

51 N.Y.S.3d 485

2017 NY Slip Op 02089

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MATTHEW A. SLOCUM, Respondent.

Court of Appeals of New York.

Decided March 23, 2017.

Attorney(s) appearing for the Case

New York Prosecutors Training Institute, Inc., Albany ( Jason P. Weinstein and Wendy Evans Lehmann of counsel), and P. David Soares , Special District Attorney, Albany, for appellant.

Michael J. Mercure , Public Defender, Fort Edward ( Robert M. Winn of counsel), for respondent.

Debevoise & Plimpton LLP, New York City ( Matthew L. Biben and Susan Gittes of counsel), and The Bronx Defenders, Bronx ( Justine J. Olderman , V. Marika Meis and Saul Zipkin of counsel), for The Bronx Defenders and others, amici curiae.

Chief Judge DIFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur; Judge WILSON taking no part.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed upon the ground that the reversal by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90 [2] [a]).

The Appellate Division concluded that defendant unequivocally invoked his right to counsel and his statements should have been suppressed...

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