PEOPLE v. GARCIA


40 A.D.3d 541 (2007)

837 N.Y.S.2d 84

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX GARCIA, Appellant.

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

Decided May 31, 2007.


The court properly denied defendant's suppression motion. The police questioned defendant after taking him into custody under an outstanding bench warrant for an unrelated charge. Even assuming counsel had been appointed on the charges underlying the bench warrant, the police were entitled to question defendant on the instant murder charge in the absence of such counsel, and he made a valid waiver of his right to counsel (see People v Clarke, 298 A...

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