People v. Roland

Judgment unanimously affirmed. Memorandum: For the first time on appeal, defendant asserts that his statements to the police were obtained in violation of his right to counsel (see, People v Bartolomeo, 53 NY2d 225). Although this issue was not raised in the suppression court, the record establishes that the police had been advised by defendant at the time of this interrogation of a pending charge against him, but did not inquire whether he was represented by counsel. Because the police failed to inquire, they are bound by what such an inquiry would have revealed (see, People v Bartolomeo,…