PEOPLE v. SIMPSON


125 A.D.2d 347 (1986)

The People of the State of New York, Respondent, v. Christopher Simpson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1986


Ordered that the judgment is affirmed.

Based upon the record of the suppression hearing, we conclude that the court did not make any evidentiary rulings which foreclosed the defense counsel from presenting proof at the hearing as to whether the defendant's right to counsel had indelibly attached prior to his arrest. Sufficient evidence was adduced from which the hearing court could determine the issue. The law is clear that the indelible and nonwaivable right to counsel...

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