PEOPLE v. COTTON


280 A.D.2d 188 (2001)

725 N.Y.S.2d 480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEOFILO NOEL COTTON, Appellant.

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

March 21, 2001.


Attorney(s) appearing for the Case

Lawrence Louis Kasperek, Rochester, for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Stephen K. Lindley of counsel), for respondent.

PIGOTT, JR., P.J., and PINE, J., concur with LAWTON, J.; WISNER and SCUDDER, JJ., concur in the result only in a separate opinion by WISNER, J.


OPINION OF THE COURT

LAWTON, J.

On this appeal, we must determine whether the statement made by defendant to police was obtained in violation of his right to counsel under NY Constitution, article I, § 6, and thus whether County Court erred in denying his suppression motion. For the reasons set forth herein, we conclude that defendant's motion should have been granted.

On September 24, 1992, defendant was arrested on a felony complaint for the...

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