People v. Ramos, 40 N.Y.2d 610 (1976)
Once an attorney affirmatively enters a criminal proceeding on behalf of a defendant in custody, the prosecution cannot question the defendant in the absence of the attorney, nor can the defendant waive the right to counsel without the attorney present, even if the representation is initially for an unrelated charge.
Summary
Willie Ramos, indicted for murder and related charges, sought to suppress statements made to police and an Assistant District Attorney. While in custody on a drug charge, for which he had retained counsel, Ramos was questioned about a homicide. His attorney on the drug charge explicitly advised police not to question him. Later, he was interrogated by an ADA and made incriminating statements. The New York Court of Appeals held that the statement to the ADA should have been suppressed because Ramos’s right to counsel had attached when his attorney affirmatively asserted representation, even if initially for a different charge. The court vacated his guilty plea, restoring the case to its pre-pleading status.
Facts
John Killion was killed during an attempted robbery. An arrest warrant was issued for Willie Ramos for complicity in the homicide. Months later, Ramos was arrested for a drug offense under the name Adalberto Santiago. While awaiting arraignment on the drug charge, police questioned him about the homicide, and he made an initial incriminating statement. At the drug arraignment, Ramos was represented by a privately retained attorney who stated, in the presence of the police, that he had advised Ramos not to make any statements. Ramos was then taken to the District Attorney’s office and interrogated about the homicide, making further incriminating statements.
Procedural History
Ramos was indicted for murder, attempted robbery, and weapon possession. He moved to suppress his statements, which was denied. He pleaded guilty to manslaughter. He then sought to withdraw his guilty plea, which was also denied, and he was sentenced. The Appellate Division affirmed the denial of the motion to suppress. Ramos appealed to the New York Court of Appeals.
Issue(s)
Whether the defendant’s right to counsel was abridged, thus rendering the defendant’s incriminating statement inadmissible when the statement was made after an attorney had advised police not to question him, even though the attorney was retained for an unrelated charge.
Holding
Yes, because once an attorney affirmatively enters a criminal proceeding representing a defendant in custody, the prosecution cannot question the defendant in the absence of the attorney, nor can the defendant waive the right to counsel without the attorney present.
Court’s Reasoning
The court relied on precedent established in People v. Arthur, which held that once police are aware that a defendant is represented by counsel, questioning in the absence of counsel is prohibited unless there is an affirmative waiver in the attorney’s presence. The court distinguished this case from People v. Taylor, where the defendant was represented by counsel on an unrelated charge, but counsel had not affirmatively entered the proceeding related to the charges under investigation. In this case, the attorney’s explicit statement put the police on notice that he was representing Ramos and had advised him not to speak to them. The court stated, “[T]hose decisions cannot be read to allow the prosecution to ignore an affirmative act or statement on the part of an attorney, communicated in open court to the prosecution, indicating that the attorney has undertaken to represent the accused with respect to the second, unrelated crime.” The court reasoned that if there was any doubt about the attorney’s representation, the burden was on the prosecution to ensure the defendant’s right to counsel was protected. The court found Ramos’s purported waiver of counsel during the ADA interrogation ineffective, citing his limited literacy, the prosecutorial atmosphere, and his statement, “It can go against me, I would like a lawyer.” Because the improperly admitted confession likely induced the guilty plea, the court reversed the Appellate Division’s order, vacated the plea, and ordered the suppression of the statement.