Ordered that the judgments are affirmed.
The defendant contends, inter alia, that the hearing court erred in denying that branch of his omnibus motion which was to suppress certain statements made by him to the police. Relying on People v. Bartolomeo ( 53 N.Y.2d 225), the defendant argues that his waiver of his right to counsel was ineffective since the police were chargeable with constructive knowledge of his alleged representation by counsel on an unrelated, pending charge. We disagree.
The Court of Appeals has recently overruled the Bartolomeo decision, concluding that a defendant's representation by counsel on a prior, pending charge is not a bar to the waiver of his rights in the absence of counsel with regard to new, unrelated charges (see, People v. Bing, 76 N.Y.2d 331). Accordingly, defendant's right to counsel contention is lacking in merit.
Finally, the defendant's contention that his statements were otherwise involuntarily obtained is similarly lacking in merit. Brown, J.P., Kooper, Sullivan and Harwood, JJ., concur.