People v. Tindal

Judgment unanimously reversed, on the law, motion to suppress granted and a new trial granted. Memorandum: On appeal from his conviction of rape, first degree, defendant argues that the court erred in its ruling after a hearing on remand (see People v Tindal, 92 AD2d 717) that statements made by him to police without the assistance of counsel on June 9, 1978 were admissible. We agree. At the time defendant gave the statements, other charges were pending with respect to which the police knew defendant was represented by counsel. Thus defendant could not effectively waive his right to counsel…