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PEOPLE v. SMITH

79 A.D.2d 210 (1981)

The People of the State of New York, Respondent, v. Ronald C. Smith, Appellant

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

February 26, 1981

Attorney(s) appearing for the Case

Rose H. Sconiers (Joseph Shifflett of counsel), for appellant.

Edward C. Cosgrove, District Attorney (Timothy Harvey of counsel), for respondent.

SIMONS, DOERR and MOULE, JJ., concur with HANCOCK, JR., J.; CARDAMONE, J. P., concurs in a separate opinion.

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 U.S. 436) and render his incriminating oral statements inadmissible under People v Rogers (

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