People v. Burress

— Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: During the course of a robbery and homicide investigation, defendant was arrested on an outstanding bench warrant issued on an unrelated matter and, while being transported to the police station, he implicated himself in the crimes under investigation. Since defendant was not represented by counsel on the unrelated pending charges specified in the bench warrant, the police were not foreclosed from, questioning him in the absence of counsel about the robbery and homicide (see,…