Can a defendant waive his Miranda rights or waive his right to counsel?

The video evidence shows that the defendant unequivocally requested the assistance of counsel. A cornerstone of our legal system is the right to counsel. When a suspect in custody unequivocally requests the assistance of counsel, all questioning must stop (see People v. Harris, 93 AD3d 58, 66 [2d Dept 2012] ). The indelible right to counsel automatically attaches when a defendant, in custody, unequivocally invokes his right to counsel (id. ). Thus, a defendant cannot waive his right to counsel, or his Miranda rights, unless the defendant's attorney is present (id. ).