77 A.D.2d 659 | N.Y. App. Div. | 1980
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 24, 1978, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. On the evening of May 3, 1977, after a preliminary police investigation, defendant was taken from the location at which the victim’s body was found to the headquarters of the Tenth Homicide Zone. At 1:20 a.m. on May 4, 1977, a police detective, accompanied by a police sergeant, read defendant his Miranda warnings. Defendant agreed to speak without an attorney present, and began to make an exculpatory statement. When the detective questioned the truth of the statement and indicated that other witnesses had given the police conflicting accounts of what had transpired the previous evening, defendant accused them of lying, and accused the police of trying to trick him. He then stated, "I want to talk to a lawyer.” The detective asked defendant if he would repeat his request for a lawyer to an Assistant
. People v Donovan, 13 NY2d 148.
. People v Arthur, 22 NY2d 325.