Appellate Division of the Supreme Court of the State of New York January 22, 1982 (People v. Greathouse)

Order unanimously affirmed. Memorandum: The rule that once an accusatory instrument has been filed the defendant cannot waive his constitutional right to counsel save in the presence of counsel, which was announced in People v Samuels (49 NY2d 218), has been held to apply only to cases on direct appeal at the time of that decision (People v Pepper, 53 NY2d 213).