People v. Powell

In People v. Powell, 304 AD2d 410, 411, 757 N.Y.S.2d 297 (1st Dept. 2003), the court held that "defendant's comment that he thought he would wait for a lawyer was not an unequivocal assertion to his right to counsel when viewed in the totality of the circumstances." The record established that after defendant made this statement to police, he spoke with his wife and then initiated a conversation with the detective, in which he stated that he wanted to speak with a prosecutor. Before speaking to defendant, the prosecutor "made a careful inquiry, in which he called defendant's attention to his comment about waiting for a lawyer. Defendant's responses clarified his prior comment and ensured that he had not invoked the right to counsel and had no wish to do so" (id. at 411).