People v. Rogers, 48 N.Y.2d 167 (1979)

Once an attorney has been assigned to represent a defendant, the police cannot question the defendant about any crime, even if unrelated, in the absence of counsel.

Summary

Rogers was arrested and assigned counsel. The attorney notified the Sheriff that Rogers was not to be questioned without counsel present. Subsequently, the police questioned Rogers about a different crime. The New York Court of Appeals held that questioning Rogers about a different, but related, crime without his lawyer present violated his right to counsel. The Court emphasized that once representation begins, questioning is prohibited even on separate matters. The Court also addressed the defendant’s request to represent himself, stating the trial court must conduct a thorough inquiry to ensure the defendant understands the implications of self-representation.

Facts

Rogers was arrested and arraigned on burglary charges. Counsel was assigned to represent him. Rogers’ assigned counsel sent a letter to the Sheriff instructing that Rogers not be questioned without counsel being present. While in jail on those charges, police questioned Rogers about a separate but similar burglary that occurred at the same location (Tanner Building Company) a week earlier. Rogers made incriminating statements during the interrogation about the second burglary.

Procedural History

Rogers was indicted on both incidents in the same indictment. Rogers moved to suppress the statements made during the interrogation. The trial court denied the motion and also summarily denied Rogers’ request to represent himself. Rogers pleaded guilty. The Appellate Division affirmed the conviction. Rogers appealed to the New York Court of Appeals.

Issue(s)

1. Whether the police violated the defendant’s right to counsel by questioning him about a different crime than the one for which he was being held, after counsel had been assigned and had instructed the police not to question him in the absence of counsel?

2. Whether the trial court erred in summarily denying the defendant’s request to represent himself?

Holding

1. Yes, because once a defendant is represented by counsel, the police cannot question the defendant about any crime in the absence of counsel, especially where the charges are related.

2. Yes, because a defendant has a right to represent himself, and the court must conduct an inquiry to determine if the defendant is aware of the consequences of self-representation.

Court’s Reasoning

The Court reasoned that the police violated Rogers’ right to counsel because he was represented by counsel at the time of the interrogation. The fact that the police officers questioned Rogers about a different crime was a “technicality of little significance” because both incidents involved burglaries at the same location and were closely related in time. The Court cited People v. Hobson, 39 N.Y.2d 479, in support of its holding. The Court emphasized the importance of the attorney-client relationship and the need to protect a defendant’s right to counsel once it has been invoked. The court found the charges to be sufficiently related, noting “the Grand Jury considered the charges together, and the defendant was indicted for both incidents in the same indictment.”

Regarding self-representation, the Court held that the trial court should not have summarily denied Rogers’ request to represent himself, citing People v. McIntyre, 36 N.Y.2d 10. The Court stated that the trial court must make further inquiry to ensure that the defendant is fully aware of the consequences of representing himself. The Court noted the fact that Rogers may intend to present an insanity defense does not preclude him from representing himself, as long as he is competent to proceed, citing People v. Reason, 37 N.Y.2d 351.