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PEOPLE, res, v. ROQUE SILVAGNOLI, def-ap

3345. PEOPLE, res, v. ROQUE SILVAGNOLI, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (William B. Carney of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for res — Judgment, Supreme Court, New York County (Renee A. White, J. at suppression hearing; Rena K. Uviller, J. at plea and sentencing), rendered November 20, 2012, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 18 years, reversed, on the law, the motion to suppress defendant's statements granted, the plea vacated, and the matter remanded for further proceedings.

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3345. PEOPLE, res, v. ROQUE SILVAGNOLI, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (William B. Carney of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for res — Judgment, Supreme Court, New York County (Renee A. White, J. at suppression hearing; Rena K. Uviller, J. at plea and sentencing), rendered November 20, 2012, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 18 years, reversed, on the law, the motion to suppress defendant’s statements granted, the plea vacated, and the matter remanded for further proceedings.

Even where two criminal matters themselves are not related, police may not question a suspect on one matter on which he or she is represented by counsel “in a manner designed to elicit statements on an unrelated matter” in which the suspect is not represented (People v. Cohen, 90 NY2d 632, 641 [1997]) [internal quotation marks omitted]. The key inquiry is whether the “impermissible questioning… was not discrete or fairly separable” (id.[internal quotation marks omitted]).

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