Opinion
July 10, 1967
Appeal by defendant from a judgment of the County Court, Westchester County, rendered October 28, 1966 on resentence and recommitment, upon which appeal there was brought up for review an order of said court dated June 13, 1966, which, after a hearing, denied defendant's coram nobis application to declare involuntary certain admissions and confessions allegedly made by him. The original judgment was heretofore affirmed by this court ( People v. Malloy, 21 A.D.2d 904). Judgment and order affirmed insofar as appealed from. In our opinion, the People established beyond a reasonable doubt that defendant effectively and knowingly waived his right to counsel, both before and after September 29, 1961, and therefore the inculpatory statements made by him before and after that date were properly admitted into evidence ( People v. Bodie, 16 N.Y.2d 275). Beldock, P.J., Brennan, Rabin and Munder, JJ., concur.