Defendant was arrested on February 17, 1984 as a suspect in a homicide. It is undisputed that at the time of his arrest defendant was represented by counsel in an unrelated criminal matter. Following his arrest defendant was taken to the 44th Precinct and placed in a holding cell pending the arrival of Officer Accordino, the detective assigned to investigate the homicide. Before Accordino appeared, defendant, at his request, was escorted to the bathroom by Detective Madigan...
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