People v. Tutt, 38 N.Y.2d 1011 (1976)
A defendant must specifically challenge the sufficiency of Miranda warnings at the suppression hearing to preserve the issue for appeal; a general claim that no warnings were given is insufficient to raise a challenge to the explicitness of the right to counsel.
Summary
The New York Court of Appeals affirmed the Appellate Division’s order, holding that the defendant failed to preserve for appeal his claim that the Miranda warnings given were deficient. The defendant argued that the warnings did not explicitly advise him of his right to have counsel present during on-the-scene questioning. Because the defendant’s challenge at the suppression hearing was a categorical denial of *any* warnings, the prosecution was not given an opportunity to address the specific deficiency now alleged on appeal. Thus, the Court refused to consider the argument because it was not properly preserved.
Facts
The defendant was interrogated by police and made statements and surrendered car keys, which he later sought to suppress.
Procedural History
The defendant moved to suppress statements and evidence. At the suppression hearing, the defendant claimed he received *none* of the constitutionally required Miranda warnings. The trial court denied the motion. The Appellate Division affirmed, and the defendant appealed to the New York Court of Appeals.
Issue(s)
Whether a defendant, who argued at a suppression hearing that he received *no* Miranda warnings, can raise for the first time on appeal the argument that the Miranda warnings were deficient because they did not explicitly advise him of his right to have counsel present during on-the-scene questioning.
Holding
No, because the defendant failed at the suppression hearing to challenge the specific aspect of the Miranda warnings’ sufficiency, preventing the prosecution from presenting evidence to counter the assertion, he cannot raise that challenge for the first time on appeal.
Court’s Reasoning
The Court of Appeals emphasized the importance of preserving specific legal arguments at the trial level. The Court stated, “There can, of course, be no doubt that the right to counsel extends to representation during any interrogation by the police and that the defendant is entitled to advice to such effect.” However, the Court reasoned that fairness requires the defendant to raise specific objections during the suppression hearing so the prosecution can respond with evidence. Because the defendant only argued that he received *no* warnings, the prosecution had no opportunity to demonstrate that the warnings *did* adequately explain the right to have counsel present during questioning. To allow the defendant to raise this argument for the first time on appeal would be prejudicial to the prosecution. The court grounded its decision on procedural fairness, ensuring the People have a chance to address specific claims at the trial level.