Order unanimously reversed on the law, motion denied and matter remitted to Onondaga County Court for further proceedings on the indictment.
Memorandum:
County Court erred in suppressing statements made by defendant concerning the Milo homicide. Defendant was not actually represented on a pending charge or on the charge for which he was being held in custody when questioned on the unrelated homicide charge. The mere assignment of counsel does not constitute...
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