Opinion
July 11, 1983
Appeal from the Monroe County Court, Celli, J.
Present — Dillon, P.J., Doerr, Denman, Boomer and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: The proof at the posttrial hearing established that the police officers who interrogated defendant after his arrest had no actual knowledge of any pending charges against him upon which he had counsel. Further, no proof was presented that "the police deliberately overlooked the obvious or insulated the interrogating officers from actual knowledge" ( People v Servidio, 54 N.Y.2d 951, 953; see, also, People v Fuschino, 59 N.Y.2d 91). The interrogation here predated People v Rodgers ( 48 N.Y.2d 167) by 17 months and the police had no reason to engage in such conduct. County Court, therefore, properly denied defendant's motion to suppress his statements. The other issues raised by defendant are without merit.