PEOPLE v. THOMPSON


153 A.D.2d 456 (1990)

The People of the State of New York, Respondent, v. Eddie Thompson, Appellant

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

February 15, 1990


Attorney(s) appearing for the Case

Diane Cummings Hand of counsel (Philip L. Weinstein, attorney), for appellant.

Patricia Curran of counsel (Patrick J. Hynes with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., KASSAL, WALLACH and SMITH, JJ., concur.


SULLIVAN, J.

In this appeal from a conviction based on a guilty plea to sodomy and related crimes, the only issue is whether defendant unequivocally invoked his right to counsel, thereby vitiating his subsequent waiver of his Miranda rights, and rendering constitutionally infirm the inculpatory statement which followed.

At the suppression hearing, the People's proof showed that on the morning...

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