Opinion
April 28, 1995
Appeal from the Onondaga County Court, Mulroy, J.
Present — Pine, J.P., Wesley, Doerr, Davis and Boehm, JJ.
Adjudication unanimously affirmed. Memorandum: Defendant appeals from a youthful offender adjudication after a plea of guilty to two counts of burglary in the third degree, involving the burglaries of two restaurants. The record establishes that the interview of defendant and the subsequent transport of defendant to the scene of the second burglary were consensual (see, People v Langdon, 188 A.D.2d 1036, lv denied 81 N.Y.2d 1015; People v Lewis, 172 A.D.2d 1020) and were otherwise proper under People v Hicks ( 68 N.Y.2d 234).
The statement of defendant concerning the burglary of Johnny D's Restaurant was not obtained in violation of his right to counsel. The fact that counsel had been assigned for the burglary of Carmen's Restaurant does not by itself establish an existing attorney-client relationship to preclude interrogation on the other charge (see, People v Bing, 76 N.Y.2d 331, 336).
We have reviewed defendant's remaining contentions and conclude that they lack merit.