People v. Michael Solomon


AD4 order dated May 7, 2010, affirming judgment of conviction. Decision below: 73 AD3d 1440, 900 NYS2d 807. Pigott, J., granted leave June 7, 2011.

ISSUES PRESENTED: Where the voluntariness of defendant’s statement to police officers was in issue: (1) Whether the court conducted a sufficient inquiry into whether defense counsel’s simultaneous representation of one of the interrogating officers on an unrelated matter and, assuming the inquiry was insufficient (as the Appellate Division found), whether the conflict requires reversal. (2) Whether the defendant waived his Miranda rights, when those "rights" were given off of a flawed form generated internally by the North Tonawanda Police Department. (3) Whether the failure to electronically record the interrogation renders it inadmissible. (Counsel for defendant: Mark J. Mahoney, Harrington & Mahoney, 70 Niagara St., 3rd Floor, Buffalo, NY 14202.)

Trial attorney conflict of  interest and waiver of Miranda