People v. Burdo

Because I believe the majority expands the scope of People v Rogers (48 NY2d 167) and a defendant’s right to counsel arising from the commencement of a criminal proceeding, I respectfully dissent. In my view, defendant must establish an actual attorney-client relationship or an invocation of his right to counsel under the Fifth Amendment of the United States Constitution and article I, § 6 of our State Constitution before the protection of Rogers becomes available. From my view of the record, defendant failed to establish either.

I

Under our constitutional jurisprudence, the right to counsel…