Opinion
March 12, 1990
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
The record supports the hearing court's determination that the police, during their interrogation of the defendant on December 6, 1987, had no actual knowledge either that the defendant's right to counsel had attached in a prior unrelated charge or that the defendant had a prior unrelated charge still pending against her (see, People v Bertolo, 65 N.Y.2d 111, 118-119; People v Fuschino, 59 N.Y.2d 91). Nor does the record suggest any "bad faith" on the part of the police (People v Bertolo, supra, at 118). Accordingly, the court properly denied that branch of the defendant's motion which was to suppress the defendant's statement of December 6, 1987. Mangano, J.P., Thompson, Kunzeman and Rubin, JJ., concur.