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People v. Davis

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1142 (N.Y. App. Div. 1993)

Opinion

May 28, 1993

Appeal from the Chautauqua County Court, Adams, J.

Present — Callahan, J.P., Green, Lawton, Fallon and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred by denying his motion to suppress statements made to the police. Defendant's contention is without merit. The testimony at the suppression hearing supports the court's finding that the statements were voluntarily given. Defendant did not unequivocally assert his right to counsel. His statement, "maybe I need an attorney", did not inform police of his intention to retain counsel; therefore, his right to counsel did not attach (People v Hicks, 69 N.Y.2d 969, 970; People v Dehmler, 188 A.D.2d 1056; People v Ashraf, 186 A.D.2d 1057, lv denied 80 N.Y.2d 1025).


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1142 (N.Y. App. Div. 1993)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERRY DAVIS, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 28, 1993

Citations

193 A.D.2d 1142 (N.Y. App. Div. 1993)
598 N.Y.S.2d 622

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