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PEOPLE v. McLEAN

No. 154

24 N.Y.3d 125 (2014)

21 N.E.3d 218

996 N.Y.S.2d 589

2014 NY Slip Op 07085

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL McLEAN, Appellant.

Court of Appeals of New York.

Decided October 21, 2014.

Attorney(s) appearing for the Case

Danielle Neroni Reilly , Albany, for appellant.

Robert M. Carney , District Attorney, Schenectady ( Gerald A. Dwyer of counsel), for respondent.

Judges GRAFFEO, READ, PIGOTT and ABDUS-SALAAM concur; Chief Judge LIPPMAN dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

SMITH, J.

We hold that when police are told by a suspect's lawyer that the lawyer no longer represents him, they may question the suspect without violating his right to counsel.

I

In 2003, defendant was being prosecuted for robbery. He was represented by Steven Kouray, a part-time deputy public defender. Defendant told Kouray that he had information...

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