Opinion
Argued June 3, 1977
Decided June 30, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE F.X. McINERNEY, J.
Gerald J. Callahan, John F. Middlemiss, Jr., and Leon J. Kesner for appellant.
Henry F. O'Brien, District Attorney (Kevin J. Crowley of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
Once the lawyer entered the criminal proceeding representing the defendant in connection with criminal charges under investigation, it was impermissible to question defendant in custody and in the absence of his attorney (People v Ramos, 40 N.Y.2d 610, 614; People v Hobson, 39 N.Y.2d 479, 481). Proof that defendant had type "A" blood and that the semen found within the victim was emitted from a male with blood of that type should not have been admitted, in view of the large proportion of the general population having blood of said type (People v Robinson, 27 N.Y.2d 864).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order reversed, etc.