New York Court of Appeals

The People of the State of New York v. Limuel Arthur

June 14, 196822 N.Y.2d 325

Summary

The New York Court of Appeals reversed the defendant's conviction and ordered a new trial because both the written confession and the oral statements obtained after an attorney had requested to see the defendant were held inadmissible. The Court affirmed that the right to counsel attaches as soon as police are aware of representation, regardless of a formal retainer, and that a failure to object at trial does not foreclose a constitutional claim.