PEOPLE v. ROGERS


48 N.Y.2d 167 (1979)

The People of the State of New York, Respondent, v. Herbert L. Rogers, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1979.


Attorney(s) appearing for the Case

Michael J. Obus, Matthew Muraskin and Barbara M. Rosen for appellant.

Denis Dillon, District Attorney (Judith K. Sternberg and William C. Donnino of counsel), for respondent.

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


Chief Judge COOKE.

We hold today that once an attorney has entered the proceeding, thereby signifying that the police should cease questioning, a defendant in custody may not be further interrogated in the absence of counsel. We may not blithely override the importance of the attorney's entry by permitting interrogation of an accused with respect to matters which some may perceive to be unrelated.

Defendant...

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