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PEOPLE v. RODRIGUEZ

2017-11169. Ind. No. 879/03.

199 A.D.3d 838 (2021)

156 N.Y.S.3d 432

2021 NY Slip Op 06199

The People of the State of New York, Respondent, v. Rafael Rodriguez, Appellant.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Martin B. Sawyer of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Ellen C. Abbot , and Charles T. Pollack of counsel), for respondent.

Chambers, J.P., Barros, Wooten and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that his statements to law enforcement officials should have been suppressed because he was represented by counsel on a pending charge at the time he made the statements cannot be reviewed on direct appeal, since the defendant's failure to raise that issue during a Huntley hearing (see People v Huntley, 15 N.Y.2d 72

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