NEW YORK STATE CONSTITUTIONAL DECISIONS: 2003 COMPILATION: EFFECTIVE ASSISTANCE OF COUNSEL: Court of Appeals of New York: People v. Grice 1 , (Decided June 26, 2003) Skip over navigation
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Copyright (c) 2004 Touro College Jacob D. Fuchsberg Law Center 
Touro Law Review

NEW YORK STATE CONSTITUTIONAL DECISIONS: 2003 COMPILATION: EFFECTIVE ASSISTANCE OF COUNSEL: Court of Appeals of New York: People v. Grice 1, (Decided June 26, 2003)

2004

20 Touro L. Rev. 49

Author

Michael Elkin and Patrick Foster

Excerpt

The defendant, Terril Grice, was arrested and implicated in a shooting. 2 Grice was acquitted of the attempted murder charge, but convicted of two counts of burglary in the first degree, one count of burglary in the second degree and criminal possession of a weapon in the second degree. 3 Grice appealed his convictions, arguing that his indelible right to counsel under the New York State Constitution 4 was violated when the police interrogated him after being informed that he was represented by counsel. 5 Grice argued that his written statements should have been suppressed because his attorney entered the case and thereby triggered his indelible right to counsel at the moment his father advised the police that there was an attorney on the way to the police station. 6

The trial court denied Grice's motion to suppress, and the Appellate Division, Second Department held that Grice's right to counsel did not attach before he made the voluntary statements. 7 The New York Court of Appeals affirmed, holding that there is a "bright line rule" that the involvement of counsel must be reliably communicated to police. 8 Therefore, entry of counsel in a criminal case occurs either when the defendant him or herself notifies the police that he or she has retained counsel, or when the attorney or a professional associate of the attorney notifies the police that the suspect is represented by counsel. 9 The court reasoned that this rule prevents ambiguities as to whether or not ...
 
 
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