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PEOPLE v. WILLIAMS

209 A.D.2d 962 (1994)

620 N.Y.S.2d 193

The People of the State of New York, Respondent, v. Dexter Williams, Appellant

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

November 16, 1994

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Supreme Court erred in permitting the People to use incriminating statements made by defendant while testifying under subpoena as a prosecution witness in an unrelated State court trial. Defendant's right to counsel had attached in this matter when the statements were made because felony complaints had been filed against defendant (see, People v Samuels,

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