People v. Washington

Judgment unanimously affirmed. Memorandum: Defendant claims that statements made by him to the police while he was in custody and after he had asked to see an attorney were improperly admitted against him at trial. Because defendant’s right to counsel had indelibly attached and could not be waived in the absence of counsel (see People v Cunningham, 49 NY2d 203), any statement made by defendant, even if voluntary, would have to be suppressed unless the statement was a spontaneous declaration. Of course, “the spontaneity has to be genuine and not the result of inducement, provocation,…