The People of the State of New York v. Kenneth West

Summary

The Court held that the defendant's State constitutional right to counsel attached indelibly when counsel appeared at the lineup and that police may not question a represented suspect without first determining whether the attorney‑client relationship still existed. Because the police surreptitiously recorded the defendant's statements without confirming the continuation of representation, the statements were suppressed, the conviction was reversed, and a new trial was ordered. Justice Simons dissented, arguing that the burden should be on the State to prove the relationship had ended.