People v. Wilson

I cannot concur with my colleagues in the majority who conclude that the defendant’s right to counsel in this matter indelibly attached upon the unilateral pronouncement of continued representation made by the defendant’s assigned representative in the context of an unrelated and dismissed matter.

To my mind, this case distills to whether, at the time of the subject lineup, the police were aware that there existed an actual attorney-client relationship between Norman Berle and the defendant in connection with the Queens charges, thereby requiring that Berle be notified of the impending lineup…