People v. Samuel

Judgment unanimously affirmed. Memorandum: Defendant’s primary contention on appeal is that his statement to the police, in which he admitted participating in the July 19, 1979 attempted robbery of the M & T Bank and shooting a bank guard, was taken in violation of his right to counsel. Because defendant’s conviction occurred prior to the determination in People v Bartolomeo (53 NY2d 225), and because the present record is insufficient to determine his claim, we normally would remit the matter and reopen the Huntley hearing to develop a record on that issue (see, People v McGee, 155 AD2d 878;…