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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERRY DAVIS, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred by denying his motion to suppress statements made to the police. Defendant's contention is without merit. The testimony at the suppression hearing supports the court's finding that the statements were voluntarily given. Defendant did not unequivocally assert his right to counsel. His statement, "maybe I need an attorney", did not inform police of his intention to retain counsel; therefore, his right to counsel did not attach (People v Hicks, 69 N.Y.2d 969, 970; People v Dehmler, 188 A.D.2d 1056; People v Ashraf, 186 A.D.2d 1057, lv denied 80 N.Y.2d 1025).

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PEOPLE v. DAVIS
(May 28, 1993)