PEOPLE v. MARRERO


51 N.Y.2d 56 (1980)

The People of the State of New York, Respondent, v. Jorge Marrero, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1980.


Attorney(s) appearing for the Case

Susan C. Thon and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Richard E. Mischel of counsel), for respondent.

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


WACHTLER, J.

The question on this appeal is whether the police may question an individual in the absence of counsel when they know that the defendant was represented by counsel at the time of arrest, but did not know that the attorney had only agreed to arrange the defendant's surrender to the police.

The defendant, believing he was sought by the police in connection with a homicide investigation, consulted...

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