PEOPLE v. ERMO


61 A.D.2d 177 (1978)

The People of the State of New York, Respondent, v. William Ermo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 30, 1978


Attorney(s) appearing for the Case

William J. Ciolko (Marshall L. Brenner of counsel), for appellant.

John R. King, District Attorney (Bridget R. Rahilly of counsel), for respondent.

DAMIANI, J. P., and TITONE, J., concur with SUOZZI, J.; HAWKINS, J., dissents and votes to affirm the judgment, with an opinion, in which COHALAN, J., concurs.


SUOZZI, J.

The issue to be decided on this appeal is whether defendant's waiver of counsel during his questioning on a murder charge was invalid due to the absence of counsel who had been assigned to represent defendant on a separate assault charge.

THE FACTS

Defendant, an 18-year-old with a mild degree of mental retardation, stands convicted of murdering a young girl, one Ursula Schiba, in...

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