PEOPLE v. SILVAGNOLI

3345. 6055/10.

151 A.D.3d 443 (2017)

2017 NY Slip Op 04392

57 N.Y.S.3d 127

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROQUE SILVAGNOLI, Appellant.

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

Decided June 6, 2017.


Even where two criminal matters themselves are not related, police may not question a suspect on one matter on which he or she is represented by counsel "in a manner designed to elicit statements on an unrelated matter" in which the suspect is not represented (People v Cohen, 90 N.Y.2d 632, 641 [1997] [internal quotation marks omitted]). The key inquiry is whether the "impermissible questioning ... was not discrete or fairly separable...

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