People v. Porter
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- The People v. Malik Dawson (N.Y. 2022)
- The People v. Malik Dawson (N.Y. 2022)
- State of Tennessee v. Blake Edward Childress (Tenn. Crim. App. 2015)
- People v. Harris (Appellate Division of the Supreme Court of New York 2012)
- State v. Turner (Tenn. 2010)
- People v. Carrino (Appellate Division of the Supreme Court of New York 2015)
- People v. McClaughlin (Appellate Division of the Supreme Court of New York 2025)
- People v. Nembhard (New York Supreme Court, Bronx County 2025)
- People v. Fox (Appellate Division of the Supreme Court of New York 2025)
- People v. Goodwin (Appellate Division of the Supreme Court of New York 2021)
- People v. Jones (Appellate Division of the Supreme Court of New York 2020)
- People v. Hernandez (Appellate Division of the Supreme Court of New York 2019)
- People v. Roman (Appellate Division of the Supreme Court of New York 2019)
- People v. Bethea (Appellate Division of the Supreme Court of New York 2018)
- People v. Howard (Appellate Division of the Supreme Court of New York 2018)
- The People v. Matthew A. Slocum (N.Y. 2017)
- BARBER, MARKUS J., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- People v. Higgins (Appellate Division of the Supreme Court of New York 2015)
- KENNARD, JENNIFER K., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- People v. Barber (Appellate Division of the Supreme Court of New York 2015)
- People v. Barber (Appellate Division of the Supreme Court of New York 2015)
- People v. Kennard (Appellate Division of the Supreme Court of New York 2015)
- People v. Kennard (Appellate Division of the Supreme Court of New York 2015)
- People v. Jemmott (Appellate Division of the Supreme Court of New York 2014)
- People v. Jemmott (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, defendant’s motion to suppress statements granted and a new trial ordered.
Whether a particular request for counsel is equivocal presents a mixed question of law and fact. When there is support in the record for the Appellate Division’s determination of a mixed question of law and fact, the issue is beyond further review by this Court. Here, however, there is no support in the record for the determination that defendant’s request for counsel was equivocal. To the contrary, the only evidence— defendant’s words “I think I need an attorney,” coupled with the interviewing officer’s notation that defendant was “asking for an attorney”—demonstrates an unequivocal invocation of defendant’s right to counsel. This is not to say that utterance of the words defendant used would unequivocally invoke the right to counsel in every instance. But on this record, where there were no additional facts upon which a contrary inference could be drawn, further inquiry by the police was not permitted. Defendant’s confession, made after police questioning continued, must therefore be suppressed.
Finally, the Appellate Division’s finding that the police had consent to search the premises where defendant was located has support in the record and is thus beyond our review.
*968 Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.