PEOPLE v. HARRIS

2007-11497

93 A.D.3d 58 (2012)

936 N.Y.S.2d 233

2012 NY Slip Op 225

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES A. HARRIS, JR., Appellant.

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

Decided January 10, 2012.


Attorney(s) appearing for the Case

James A. Harris, Jr. , appellant pro se and Warren S. Hecht , Forest Hills, for James A. Harris, Jr., appellant.

Francis D. Phillips II , District Attorney, Goshen ( Andrew R. Kass of counsel), for respondent.

FLORIO and LEVENTHAL, JJ., concur with CHAMBERS, J.; DILLON, J.P., dissents in a separate opinion.


OPINION OF THE COURT

CHAMBERS, J.

This appeal raises two principal questions: whether the defendant's statement, during a custodial interrogation, "I think I want to talk to a lawyer," unequivocally invoked his right to counsel, and, if so, whether the statements subsequently given by the defendant in the absence of counsel must be suppressed. We answer both questions in the affirmative, and conclude that the hearing court's error in failing to suppress...

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