People v. Kirk

—Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The judgment of conviction must be reversed and the indictment dismissed because defendant’s right to counsel at a critical stage of the criminal proceedings was violated (see, NY Const, art I, § 6; People v Chapman, 69 NY2d 497, 500). Defendant’s indelible right to counsel had attached upon the filing of a felony complaint (see, People v Chapman, supra, at 500; People v Samuels, 49 NY2d 218, 221). Thus, when defendant appeared before the Grand Jury he could not waive his right to counsel in the absence of counsel…