People v. Stoesser

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted for a new trial.

The record at the suppression hearing is meagre at the critical point. It appears that in the evening of July 19, 1977 defendant voluntarily went to the police station in the Village of Walton at the request of the police. On being given his constitutional preinterrogation warning, defendant and his uncle (who had accompanied him) requested an attorney. None was furnished but defendant was allowed to make a telephone call in an effort to contact an attorney. Defendant…