People v. Vella

*564Christ, Acting P. J., Brennan, Benjamin and Munder, JJ., concur; Hopkins, J. dissents and votes to reverse the judgment and to direct a new trial, with the following memorandum: An interrogation of an accused in the absence of counsel after a criminal proceeding has been commenced is forbidden and an inculpatory statement obtained as an outcome of the interrogation máy not be received in evidence against the accused (People v. Meyer, 11 N Y 2d 162, 164; People v. Rodriguez, 11 N Y 2d 279, 284). However, the right to counsel may be waived (People v. Bodie, 16 N Y 2d 275, 279). In addition, an…