Whether New York's 'no-contact' rule was violated

QUESTIONS PRESENTED FOR REVIEW 1. Whether, as a matter of federal law, New York’s “no-contact” rule, which prohibits an attorney in a case from communicating with a party he or she knows to be represented by counsel, is violated when the attorney should know the party is represented by counsel. 2. Whether a defendant waives his right to counsel when, after saying he wants to cooperate with law enforcement but first wants to speak with his lawyer, he is told he will be taken to jail without being interviewed because agents have been unable to reach the attorney, and replies by saying he wants to begin cooperating immediately, and is then interviewed without counsel present. 3. Whether a trial court ensures a defendant receives a trial by an impartial jury and due process when it fails to investigate information that a sitting juror noticed he was photographed outside court under circumstances that raised safety concerns, and discussed this with another juror. i