People v. Griffith

The defendant contends that his statements to law enforcement officials should have been suppressed on the ground that they were obtained in violation of his indelible right to counsel. We disagree.

The indelible right to counsel, prohibiting interrogation unless the right is waived in the presence of counsel, attaches, inter alia, when a criminal action is formally commenced by the filing of an accusatory instrument (see People v Grice, 100 NY2d 318, 320-321 [2003]; People v Ramos, 99 NY2d 27, 32-33 [2002]). Here, however, no indictment had been filed in this matter at the time of the…