74 A.D.2d 612 | N.Y. App. Div. | 1980
Appeal by defendant from a judgment of the County Court, Westchester County, rendered (1) August 24, 1978, convicting him of rape in the first degree and (2) August 25, 1978 convicting him of incest, upon a plea of guilty, and imposing sentence. The appeal brings up for review the denial of the defendant’s motion to suppress certain statements made by him on December 21, 1977. Judgment reversed, on the law, plea vacated, motion to suppress granted and case remanded to the County Court for further proceedings consistent herewith. As has now been conclusively established (People v Samuels, 49 NY2d 218), any statements obtained from the defendant following his uncounseled waiver of his right to remain silent following the filing, in court, of an accusatory instrument charging him with a crime must be suppressed (cf. People v Torres, 63 AD2d 1033). As for the remaining issues, it is our view that the question regarding the