MEMORANDUM.
The order of the Appellate Division should be reversed, defendant's statement to Assistant District Attorney Friedman suppressed and a new trial ordered.
It being undisputed that defendant's second statement was made in custody after he had requested the assistance of counsel, suppression of that statement is required (People v Cunningham, 49 N.Y.2d 203). In the circumstances here presented, reception of that tainted statement into evidence cannot be deemed harmless error (see People v Garofolo, 46 N.Y.2d 592). We have examined defendant's remaining contentions and find them to be without merit.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order reversed, etc.