The People of the State of New York, Respondent,
v.
Bruce Bing, Appellant.
The People of the State of New York, Appellant,
v.
Thomas Cawley, Respondent.
The People of the State of New York, Respondent,
v.
Luis Medina, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 20, 1990.
Argued March 21, 1990.
Decided July 2, 1990.
Attorney(s) appearing for the Case
Jeremy L. Goldberg, Matthew Muraskin and Kent V. Moston for appellant in the first above-entitled action.
Denis Dillon, District Attorney, Nassau County (Peter Shapiro and Bruce E. Whitney of counsel), for respondent in the first above-entitled action.
Robert M. Morgenthau, District Attorney, New York County (Phyllis A. Monroe, Norman Barclay and David I. Futter of counsel), for appellant in the second above-entitled action.
Richard Sweren and Lawrence Levner for respondent in the second above-entitled action.
Richard N. Allman and Philip L. Weinstein for appellant in the third above-entitled action.
Robert M. Morgenthau, District Attorney, New York County (Robert M. Pitler, Mark Dwyer and Atea Martin of counsel), for respondent in the third above-entitled action.
Chief Judge WACHTLER and Judges HANCOCK, JR., and BELLACOSA concur with Judge SIMONS; Judge KAYE dissents and votes to affirm in a separate opinion in which Judges ALEXANDER and TITONE concur.
Court of Appeals of the State of New York.
SIMONS, J.
In People v Bartolomeo (53 N.Y.2d 225), we held that a suspect, represented by counsel on a prior pending charge, may not waive his rights in the absence of counsel and answer questions on new unrelated charges. If the police are chargeable with knowledge of the prior representation, any statements the suspect makes, not only about the prior charges but also...
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