An upstate appellate panel has thrown out a second-degree murder conviction, holding that the trial court erred in admitting statements made by the defendant to a jailhouse informant.
The Appellate Division, Fourth Department, ruled that defendant Michial Foster’s right to counsel attached when he told police officers at the correctional facility where he was serving a two-year sentence for an unrelated crime that he would not talk without an attorney present, and that his subsequent statements to a confidential informant violated that right.
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