Appellate Division of the Supreme Court of the State of New York October 27, 1966 (People v. Thiel)

Judgment unanimously reversed on the law and the facts, and a new trial granted. Memorandum: Since defendant made the inculpatory statement received against him on the trial subsequent to his arrest upon a warrant of arrest after information was filed, in the absence of counsel, such statement would not be admissible unless defendant waived his right to counsel prior to making the inculpatory