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27 Brook. L. Rev. 24 (1960-1961)
Police Interrogation: The Right to Counsel and the Prompt Arraignment

handle is hein.journals/brklr27 and id is 32 raw text is: BROOKLYN LAW REVIEW POLICE INTERROGATION: THE RIGHT TO COUNSEL AND TO PROMPT ARRAIGNMENT HENRY B. ROTHBLATT* and EMMA ALDEN ROTHBLATT** T HE New York Legislature and the appellate courts have zeal- ously protected the criminal defendant's right to assistance of counsel. The accused upon arrest must be brought before a magis- trate for arraignment without unnecessary delay.' The magistrate must inform the accused of his right to retain counsel2 and must postpone the preliminary hearing to allow him reasonable time to exercise that right.3 If the accused appears for arraignment before the trial court without counsel, the advice of the magistrate must be repeated4 and the defendant must be granted a continuance in which to retain an attorney.5 The accused must be advised of these rights in clear language not in ritualistic legal jargon.6 If the defen- dant for some reason cannot hire counsel, but desires legal assist- ance, the trial court must assign him counsel. This is so whether the charge be that of a petty misdemeanor7 or a serious felony.8 *HENRY B. ROTHBLATT, LL.B., 1938, LL.M., 1939, Brooklyn Law School. Member of the law firm of Hammer & Rothblatt. Member, Criminal Law Section, American Bar Association; National Association of Defense Lawyers in Criminal Cases. Author of Successful Techniques in the Trial of Criminal Cases (Prentice-Hall, Inc. Soon to be released). Member of the New York and California Bars. **EMMA ALDuN ROTHBLATT, B.A., 1938, Hunter College; MA., 1939, Columbia University; LL.B., 1948, Fordham Law School. Member, National Association of Women Lawyers. Former detective, New York City Police Department. Director of Public Events, Deputy Commissioner, Dept. of Commerce & Public Events of City of New York. Member of the New York and California Bars. I CODE CIUM. PROC. § 165. 2 CODE CrM. PROC. § 188. 3 CODE. CRIM. PROC. § 189. 4 People ex rel. Moore v. Hunt, 258 App. Div. 24, 16 N.Y.S. 2d 19 (4th Dept. 1939). s People v. Koch, 299 N.Y. 378, 87 N.E. 2d 417 (1949) (felony cases); People v. Banner, 5 N.Y. 2d 109, 154 N.E. 2d 553 (1958) (misdemeanor cases). 6 People v. Mullhearn, 22 Misc. 2d 689, 199 N.Y.S. 2d 83 (App. Pt. Spec. Sess. 1960). 7 CODE CIUM. PROC. § 699; People v. Marincic, 2 N.Y. 2d 181, 139 N.E. 2d 529 (1957). 8 CODE CrIM. PROC. § 308. The assignment must be made under circumstances that enable counsel to provide effective advice and assistance. No last-minute, peremptory assignment of counsel will serve. People v. McLaughlin, 291 N.Y. 480, 483, 53 N.E. 2d 356, 357 (1944). See People v. Silverman, 3 N.Y. 2d 200, 144 N.E. 2d 10 (1957); but cf. People v. Tomaselli, 7 N.Y. 2d 350, 165 N.E. 2d 551 (1960) (counsel appointed ten minutes before plea of guilty entered; held, sufficient preparation under the circumstances).

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