Appellate Division of the Supreme Court of the State of New York February 26, 1981 (People v. Smith)

lead-opinion

OPINION OF THE COURT

Hancock, Jr., J.

We hold that knowledge by police that a suspect, held on charges under investigation, may be represented by a lawyer on a pending unrelated charge for which he is not in custody, does not, without more, vitiate the suspect’s uncounseled express waiver of rights (see Miranda v Arizona, 384 US 436) and render his incriminating oral statements