ALBANY – Police adequately established that an attorney who represented a defendant in a robbery case in 2003 was no longer his lawyer before they questioned the defendant in 2006 about an unrelated murder, a divided appeals court has decided.
In a 3-1 ruling, People v. McLean, 104691, an Appellate Division, Third Department, panel rejected claims by the defendant, Samuel McLean, that Steven Kouray's representation of him had attached in 2003 and that the incriminating statements McLean made to investigators about the murder more than three years later without an attorney present should have been suppressed.
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