People v. Congden

— Judgment unanimously affirmed. Memorandum: Almost one year before the police questioned the defendant and obtained his incriminating statement, the defendant refused to submit to a polygraph test, telling the police that his lawyer told him not to take it. Actually, defendant had not consulted a lawyer and was not represented either at the time he refused to take the1 test or at the time he gave his statement. He testified that he had remembered that sometime in the past an attorney who represented him on another matter told him never to take a polygraph test.

Contrary to defendant’s…