New York Court of Appeals

The People of the State of New York v. Frederick Cunningham

January 15, 198049 N.Y.2d 203

Summary

The New York Court of Appeals reversed the Appellate Division and suppressed Frederick Cunningham's statements because he had invoked his right to counsel and was subsequently questioned without an attorney present. The Court held that once a suspect in custody requests counsel, any waiver of that right must be made in the presence of counsel and is ineffective otherwise.