People v. Herman

Judgment unanimously reversed, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: Defendant could not waive his rights, in the absence of counsel, once he had been taken into custody pursuant to an arrest warrant: therefore, his oral and written statements must be suppressed (People v Samuels, 49 NY2d 218). Although defendant was arrested prior to the decision in. People v Samuels (supra), it must be given retroactive application and the issue of deprivation of effective assistance of counsel may be raised for the first time on…