PEOPLE v. WAGNER

Judgment affirmed.

There was no evidence in the record from which it could be concluded that the police knew or should have known, at the time that they questioned defendant with respect to the instant offenses, that he was represented by counsel on a prior, pending charge. Defendant's statement, therefore, was properly admitted at trial (see, e.g., People v. Bartolomeo, 53 N.Y.2d 225, 231-232).

We have considered defendant's other contentions, and find them to be without merit. Titone, J.P., Weinstein, Rubin and Boyers, JJ., concur.