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PEOPLE v. LOPEZ

No. 13

16 N.Y.3d 375 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLLMAN LOPEZ, Appellant.

Court of Appeals of New York.

Decided February 22, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Svetlana M. Kornfeind and Steven Banks of counsel), for appellant.

Daniel M. Donovan, Jr. , District Attorney, Staten Island ( Morrie I. Kleinbart of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK and JONES concur with Judge GRAFFEO; Judge SMITH concurs in result in a separate opinion in which Judges READ and PIGOTT concur.

OPINION OF THE COURT

GRAFFEO, J.

Under New York's indelible right to counsel rule, a defendant in custody in connection with a criminal matter for which he is represented by counsel may not be interrogated in the absence of his attorney with respect to that matter or an unrelated matter unless he waives the right to counsel in the presence of his attorney (see People v Rogers, 48 N.Y.2d 167 [1979]). In this...

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