PEOPLE v. CUNNINGHAM


49 N.Y.2d 203 (1980)

The People of the State of New York, Respondent, v. Frederick Cunningham, Appellant.

Court of Appeals of the State of New York.

Decided January 15, 1980.


Attorney(s) appearing for the Case

Lewis R. Friedman, Herman Kaufman and Richard M. Asche for appellant.

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

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.


Per Curiam.

We hold that once a suspect in custody requests the assistance of counsel, he may not be questioned further in the absence of an attorney. We intend by our holding to make it clear that an uncounseled waiver of a constitutional right will not be deemed voluntary if it is made after the right to counsel has been invoked.

Defendant Frederick Cunningham was tried and convicted of murder in the second...

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