People v. Carracedo

Murphy, P. J., and Tom, J., dissent

in a memorandum by Tom, J., as follows: Defendant appeals his conviction of murder in the second degree on the grounds that his right to assistance of counsel was violated when the hearing court directed defendant not to consult with his attorney during an overnight recess of a pretrial suppression hearing while defendant was undergoing cross-examination.

On July 15, 1987, a duly convened Grand Jury in Bronx County charged defendant with murder in the second degree, manslaughter in the first degree and criminal possession of a weapon in the fourth degree…