People v. Matthew A. Slocum
AD3 order dated November 12, 2015, reversing judgment of conviction. Decision below: 133 AD3d 972, 20 NYS3d 440. Fahey, J., granted leave to People March 2, 2016.
ISSUES PRESENTED: (1) Where the Public Defender’s Office wrote a letter to the District Attorney, Sheriff’s Office, and State Police stating that they represented the defendant, whether defendant unequivocally invoked his right to counsel prior to the commencement of formal proceedings by answering, “yeah, probably,” to the question whether he thought he should have an attorney represent him prior to questioning. (2) Harmless error.