People v. Marrero

OPINION OF THE COURT

Wachtler, J.

The question on this appeal is whether the police may question an individual in the absence of counsel when they know that the defendant was represented by counsel at the time of arrest, but did not know that the attorney had only agreed to arrange the defendant’s surrender to the police.

The defendant, believing he was sought by the police in connection with a homicide investigation, consulted an attorney. At the defendant’s request the attorney contacted the police, learned that they were looking for the defendant, and arranged for his surrender. The police…