Opinion
October 26, 1987
Appeal from the County Court, Nassau County (Goodman, J.).
Ordered that the judgment is affirmed.
The record supports the hearing court's determination that the defendant voluntarily accompanied the police and submitted to questioning regarding the murder under investigation (see, Matter of Kwok T., 43 N.Y.2d 213, 219; People v. Lopez, 95 A.D.2d 241). Furthermore, the fact that there were outstanding charges to which the defendant's right to counsel had attached did not preclude questioning on new charges, unless the police knew or had reason to know defendant was actually represented on the other charges (see, People v. Lucarano, 61 N.Y.2d 138, 145, rearg denied sub nom. People v. Walker, 62 N.Y.2d 803). At bar, the investigating detective specifically inquired of the defendant whether there were any criminal charges pending against him and the defendant replied that there were none. In light of the foregoing, it was reasonable for the police to rely on the defendant's responses (cf., People v. Shavers, 69 N.Y.2d 766; People v. Lucarano, supra; People v. Casiano, 123 A.D.2d 712, lv denied 69 N.Y.2d 744).
Finally, notwithstanding the search warrant's failure to particularly describe one of the items seized, i.e., sneakers, the circumstances indicate the evidence was properly seized as part of the clothing for which the police were searching (see, Coolidge v. New Hampshire, 403 U.S. 443, 465, reh denied 404 U.S. 874; People v. Neulist, 43 A.D.2d 150). Lawrence, J.P., Weinstein, Kooper and Sullivan, JJ., concur.