PEOPLE, res, v. JOSEPH BREVARD, def-ap

3750. PEOPLE, res, v. JOSEPH BREVARD, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Sok Tea Jiang of counsel), and Debevoise & Plimpton LLP, New York (Christopher S. Ford of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for res — Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered November 27, 2012, as amended January 28, 2013, convicting defendant, after a nonjury trial, of assault in the second degree, attempted assault in the first degree, three counts of burglary in the first degree, two counts of attempted robbery in the first degree, and two counts of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 18 years, unanimously affirmed.

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3750. PEOPLE, res, v. JOSEPH BREVARD, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Sok Tea Jiang of counsel), and Debevoise & Plimpton LLP, New York (Christopher S. Ford of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for res — Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered November 27, 2012, as amended January 28, 2013, convicting defendant, after a nonjury trial, of assault in the second degree, attempted assault in the first degree, three counts of burglary in the first degree, two counts of attempted robbery in the first degree, and two counts of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 18 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress statements. Although defendant’s right to counsel had attached on unrelated drug charges, he absconded after being released on bail, and was lawfully questioned on the present charges when he was returned on a bench warrant (see People v. Lopez, 16 NY3d 375, 385-86, 385 n 6 [2011]; People v. Garcia, 40 AD3d 541 [1st Dept 2007, lv denied 9 NY3d 961 [2007]; People v. Clarke, 298 AD2d 259 [1st Dept 2002], lv denied 99 NY2d 613 [2003]). We see no reason to abandon our line of cases stating this principle, especially since these precedents are entirely consistent with the Court of Appeals subsequent discussion of the issue in Lopez (see also People v. Bing, 76 NY2d 331 [1990]).

PEOPLE, res, v. JOSEPH BREVARD, def-ap

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