AD3 order dated November 10, 2011, affirming judgment of conviction. Decision below: 89 A.D.3d 1238, 932 N.Y.S.2d 247. Jones, J., granted leave June 1, 2012.

ISSUES PRESENTED: (1) Whether defendant was represented by counsel on an unrelated violation of probation charge, so as to require the presence of counsel at any questioning on the murder charge. (2) Sufficiency of trial evidence. (3) The summary denial of defendant’s pre-trial pro se request for the assignment of counsel.

Issue before the Court: Whether defendant’s right to counsel was violated where he was interrogated about a homicide while incarcerated on a VOP without the presence of counsel.

Held: Regardless of whether right to counsel was violated, error was harmless beyond a reasonable doubt.