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PEOPLE v. STROH

48 N.Y.2d 1000 (1980)

The People of the State of New York, Appellant, v. John Stroh, Respondent.

Court of Appeals of the State of New York.

Decided January 8, 1980.

Attorney(s) appearing for the Case

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

Samuel Collins, Public Defender (Marshall L. Brenner of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Before making any incriminating statements, appellant stated that he "would like to either have an attorney or a priest to talk to, to have present". By making this request, appellant asserted his right to counsel. (See People v Buxton, 44 N.Y.2d 33.)

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