PEOPLE v. CARTAGENA


78 A.D.2d 891 (1980)

The People of the State of New York, Respondent, v. Albert Cartagena, Appellant

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

November 17, 1980


Judgment reversed, as a matter of discretion in the interest of justice, motion to suppress granted, plea vacated, and case remitted to Criminal Term for further proceedings consistent herewith.

Defendant's confession was obtained after a felony complaint had been filed and an arrest warrant issued. At that point defendant's right to counsel attached. Accordingly, under the circumstances herein, defendant's purported waiver of counsel in the absence of counsel was...

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