Majority
p. 915The People of the State of New York, Respondent, v. Vincent James Hermance, Appellant. Argued December 17, 1974; decided December 20, 1974.
Kathryn D. Katz for appellant.
Roger J. Miner, District Attorney, for respondent.
Memorandum. The order of the Appellate Division should be reversed and the case remanded for a new trial. We find, as a matter of law, that this concededly indigent defendant was not informed of his right to have counsel assigned if he could not afford one and, thus, his subsequent inculpatory statements should have been suppressed (People v. Witenski, 15 N Y 2d 392 , 395; Miranda v. Arizona, 384 U. S. 436 , 473). This is true despite the fact that defendant had an attorney to represent him in another unrelated criminal matter (cf. People v. Taylor, 27 N Y 2d 327 ).
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.
Order reversed, etc.
Cases cited
- People v. Witenski 15 N Y 2d 392 at 395 p. 915
- Miranda v. Arizona 384 U. S. 436 at 473 p. 915
- People v. Taylor 27 N Y 2d 327 p. 915