People v. Roberson, 41 N.Y.2d 106 (1976)

Once a defendant is indicted and has legal representation, any statements elicited by the police during interrogation in the absence of counsel are inadmissible, even if the defendant initiated the contact with the police to file a complaint.

Summary

Roberson was arrested and indicted on weapons and drug charges. After being assigned counsel and released on bail, he went to the Internal Affairs Division (IAD) and the Civilian Complaint Review Board to complain about the arresting officers’ conduct. During these interviews, without being properly Mirandized, he made incriminating statements about owning the weapon. The New York Court of Appeals held that these statements were inadmissible because they were obtained through interrogation after indictment and assignment of counsel, violating Roberson’s right to counsel, even though Roberson initiated the contact to file a complaint.

Facts

On May 6, 1971, police officers executed a search warrant at Roberson’s apartment, arresting Roberson, Mangini, and Splaine, and seizing cannabis and a .32 caliber revolver. Roberson was arraigned the next day and assigned counsel. He was indicted on June 4, 1971. Five days later, Roberson went to the IAD to complain about the arresting officers, claiming they falsely charged him with heroin possession and beat him. During the interview, he admitted owning the seized weapon. The next day, Roberson contacted the Civilian Complaint Review Board with similar complaints, again admitting to owning the gun during questioning.

Procedural History

Roberson was charged with possession of a weapon, drug possession, resisting arrest, and menacing. He moved to suppress incriminating statements made to IAD and the Civilian Complaint Review Board, arguing a violation of his right to counsel. The trial court denied the motion. Roberson pleaded guilty to possession of a weapon as a felony. He appealed, arguing the statements should have been suppressed. The Appellate Division affirmed the trial court’s decision.

Issue(s)

Whether incriminating statements made by an indicted defendant with assigned counsel, during police initiated questioning, but initiated by the defendant to file a complaint regarding police misconduct, are admissible when obtained without the presence of counsel and without proper Miranda warnings.

Holding

Yes, the statements are inadmissible because they were the product of interrogation of an indicted defendant in the absence of his assigned counsel, violating his right to counsel.

Court’s Reasoning

The court emphasized that once a defendant is indicted and has counsel, any interrogation in the absence of that counsel violates the defendant’s right to legal representation. The Court distinguished this case from People v. McKie, noting that Roberson’s statements were not spontaneous but were provoked by detailed interrogation. The court found that the officers’ questions about the gun were not related to a legitimate inquiry into police misconduct, but instead served to aid the prosecution. The court cited People v. Hobson, underscoring the critical role of an attorney in safeguarding an individual’s rights. Allowing such conduct would “vitiate” the right to counsel. The court stated, “If we were to allow conduct of the type practiced in this case, the right to counsel would be vitiated.”