Opinion
September 26, 1980
Appeal from the Onondaga County Court.
Present — Dillon, P.J., Cardamone, Schnepp, Doerr and Witmer, JJ.
Judgment unanimously reversed, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: The District Attorney with commendable candor has conceded that appellant, taken into custody pursuant to an arrest warrant based on a felony complaint, may not waive his constitutional rights in the absence of counsel. Appellant's oral statements were thus incorrectly held to be admissible, and must be suppressed (People v. Samuels, 49 N.Y.2d 218) and his plea of guilty vacated (People v. Harris, 48 N.Y.2d 208).