People v. McGee

Judgment unanimously affirmed. Memorandum: We remitted this matter to reopen the Huntley hearing (People v Huntley, 15 NY2d 72) so that we could determine whether defendant’s written statement was taken in violation of his right to counsel (People v McGee, 155 AD2d 878). However, because People v Bartolomeo (53 NY2d 225) has been overruled by People v Bing (76 NY2d 331, rearg denied sub nom. People v Cawley, 76 NY2d 890), and Bing *1082applies retroactively (People v Brown, 171 AD2d 1038 [decided herewith]), defendant’s contention that there was a Bartolomeo violation does not provide a basis to…