People v. Whysong

— Case held, decision reserved, and matter remitted to Niagara County Court for further proceedings, in accordance with the following Memorandum: Defendant failed to preserve for review his contention on appeal that the court erroneously admitted into evidence defendant’s statement that he wanted a lawyer. In any event, admission of that statement did not penalize defendant for asserting his constitutional right to counsel by creating an inference of guilt (cfi, People v Al-Kanani, 26 NY2d 473, 478), because defendant’s request for a lawyer was not for the purpose of defending himself from an…