Opinion
February 26, 1982
Appeal from the Monroe County Court, Bergin, J.
Present — Simons, J.P., Callahan, Denman, Moule and Schnepp, JJ.
Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: After he had been arraigned and assigned counsel on an unrelated matter, defendant was interrogated and a confession obtained on the instant charge in the absence of his assigned counsel. People v. Rogers ( 48 N.Y.2d 167) prohibits questioning under those circumstances and requires suppression of the statement. Although the Rogers rule was not in effect at the time of defendant's arrest, the rule has been given retroactive effect ( People v. Albro, 52 N.Y.2d 619, 624).