(dissenting).
I dissent. For the reasons given in my dissents in United States v. Cone, 2 Cir., 354 F.2d 119, and United States v. Robinson, 2 Cir., 354 F.2d 109, I would hold that the results of the interrogation of Del Llano by Quinones, after arrest, without counsel and without warning of right to counsel, were not admissible against Del Llano on trial. I would notice the error under Rule 52(b) even though first raised on appeal since it involves a constitutional claim and the trial followed the Escobedo decision by less than a month. I would reverse for new trial with the statements made under interrogation excluded.