People v. Thiel

Judgment unanimously reversed on the law and the facts, and a new trial granted. Memorandum: Since defendant made the inculpatory statement received against him on the trial subsequent to his arrest upon a warrant of arrest after information was filed, in the absence of counsel, such statement would not be admissible unless defendant waived his right to counsel prior to making the inculpatory statement. (People v. Bodie, 16 N Y 2d 275; People v. Santmyer, 20 A D 2d 960. It appears that defendant has no previous convictions, a 10th grade education, and is by occupation a laborer. Unlike the…