How have the courts interpreted waiver by a defendant who, after talking to his attorney by telephone, informed the authorities of his intention to make a statement in the absence of his attorney?

4 That defendant had talked to his attorney by telephone would not be sufficient by itself. People v. Tompkins, 45 N.Y.2d 748, 408 N.Y.S.2d 485, 380 N.E.2d 311, supra, involved waiver by a defendant who, after talking on the telephone with his attorney, announced to the authorities his intention to disregard the attorney's advice and make a statement in the attorney's absence. We held that statement inadmissible, the attorney not having been present when defendant communicated it, a different situation from the present case in which the communication with the authorities is by counsel after obtaining defendant's counseled consent.