PEOPLE v. ALEXANDER


45 A.D.2d 1023 (1974)

The People of the State of New York, Respondent, v. Samuel Alexander, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 29, 1974


One of the issues raised by defendant on appeal is that he did not waive his right to counsel. In support of this claim, defendant states that he asked the Assistant District Attorney prior to his interrogation: "You said that if I want an attorney present that's my right to have an attorney present?" To this, the Assistant District Attorney clearly did not give a responsive answer. He said in part: "Anything that I may ask you, it is entirely up to you whether or not you...

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