Opinion
November 4, 1983
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Hancock, Jr., J.P., Denman, Boomer, Green and O'Donnell, JJ.
Judgment unanimously reversed, motion to suppress granted and matter remitted to Supreme Court, Onondaga County, for further proceedings on the indictment. Memorandum: Defendant appeals from a judgment of conviction for manslaughter in the first degree resulting from a plea of guilty. Defendant contends that a statement made by him to his parole officer after his arrest and in the absence of counsel should have been suppressed because he was not given his Miranda warnings. After the filing of a felony complaint, a defendant may not waive his right to counsel in the absence of counsel ( People v Samuels, 49 N.Y.2d 218, 222). The rule applies retroactively as long as the matter is in the appellate process ( People v Pepper, 53 N.Y.2d 213, cert den 454 U.S. 967) and may be raised for the first time on appeal ( People v Cullen, 50 N.Y.2d 168, 174). The statements made by defendant to the parole officer subsequent to his arrest should have been suppressed ( People v Parker, 82 A.D.2d 661, affd 57 N.Y.2d 815).