People v. Williams

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Supreme Court erred in permitting the People to use incriminating statements made by defendant while testifying under subpoena as a prosecution witness in an unrelated State court trial. Defendant’s right to counsel had attached in this matter when the statements were made because felony complaints had been filed against defendant (see, People v Samuels, 49 NY2d 218). Defendant did not waive his right to counsel before making the statements, nor could he have done so in the absence of counsel.

The People argue that…