New York Court of Appeals
The People of the State of New York, Appellant v. Francis J. Burdo, Respondent
October 30, 199791 N.Y.2d 146
Summary
The Court affirmed the Appellate Division's order suppressing the defendant's statements, holding that under People v Rogers a defendant in custody who is represented by counsel may not be interrogated on any matter without counsel present. The majority applied the Rogers rule to the facts, finding the police violated the defendant's right to counsel. Justice Wesley dissented, arguing that the Rogers protection applies only when an actual attorney‑client relationship is invoked, not merely when counsel is assigned.