Does a defendant have to waive his right to counsel when he is questioned by the police?
The following excerpt is from People v. Johnson, 2 N.Y.S.3d 825, 2014 N.Y. Slip Op. 08787, 24 N.Y.3d 639, 26 N.E.3d 764 (N.Y. 2014):
Defendant relies on the rule, long established in New York, that [o]nce an attorney enters the proceeding, the police may not question the defendant in the absence of counsel unless there is an affirmative waiver, in the presence of the attorney, of the defendant's right to counsel (People v. Arthur, 22 N.Y.2d 325, 329, 292 N.Y.S.2d 663, 239 N.E.2d 537 [1968] ). The People respond that this rule does not apply here because the proceeding in which the police questioned defendant on
[26 N.E.3d 767]
[2 N.Y.S.3d 828]
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