People v. Blasingame

O’Connor, J. (dissenting).

I would have no difficulty at all with the position taken by the majority if the issue they apparently wish to resolve were presented by the facts of the case. I am in full agreement with the position that a defendant may not be questioned after arraignment in the absence of counsel and that he may not waive the right to counsel in *461the absence of counsel (see, e.g., People v Torres, 63 AD2d 1033). It is both reasonable and proper to extend this rule to a situation where a defendant is in the process of obtaining counsel after arraignment. These principles, aimed at…