People v. Porter

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, defendant’s motion to suppress statements granted and a new trial ordered.

Whether a particular request for counsel is equivocal presents a mixed question of law and fact. When there is support in the record for the Appellate Division’s determination of a mixed question of law and fact, the issue is beyond further review by this Court. Here, however, there is no support in the record for the determination that defendant’s request for counsel was equivocal. To the contrary, the only evidence— defendant’s…