People v. Johnson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Whether the police knew or should have known defendant was actually represented by counsel on the matter for which he was in custody (People v Rogers, 48 NY2d 167), as he alleges, the record supported the determination of both lower courts that defendant’s mother and brother were not acting as agents of the police when they spoke to defendant about his killing of his mother’s long-time live-in companion (CPL 60.45 [2] Ob]; People v Ray, 65 NY2d 282). Moreover, a parent-child testimonial privilege (which…