PEOPLE v. JOHNSON


48 N.Y.2d 565 (1979)

The People of the State of New York, Respondent, v. Edward Johnson, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1979.


Attorney(s) appearing for the Case

Noel Tepper and Robert M. Schwartz for appellant.

John R. King, District Attorney (Bridget R. Rahilly of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.


JONES, J.

The question posed by this appeal is whether, after a request for counsel has been made by a suspect in custody, his consent to a warrantless search of his premises may be obtained by a request immediately addressed to him in the absence of counsel. We hold that a consent so obtained is unavailing.

Acting on information from participants in an ongoing series of thefts of building materials,...

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