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PEOPLE v. DAWSON

No. 59 SSM 5.

38 N.Y.3d 1055 (2022)

190 N.E.3d 1151

2022 NY Slip Op 02772

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALIK DAWSON, Appellant.

Court of Appeals of New York.

Decided April 26, 2022.

Attorney(s) appearing for the Case

Stephen E. Herrick , Public Defender, Albany ( James A. Bartosik, Jr. , of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Emily Schultz of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Once a defendant in custody unequivocally requests the assistance of counsel, the right to counsel may not be waived outside the presence of counsel (see People v Glover, 87 N.Y.2d 838, 839 [1995]). But "[a] suggestion that counsel might be desired; a notification that counsel exists; or a query as to whether counsel...

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