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PEOPLE v. RICE

14 A.D.2d 831 (1961)

The People of the State of New York, Respondent, v. William Rice, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 26, 1961

Order affirmed.

All concur, except Williams, P. J., who dissents and votes to reverse and to remit for a hearing, in the following memorandum:

I must dissent. The prisoner says that during his conferences with his attorney prior to his arraignment, a Deputy Sheriff was "within hearing distance." While this phrase, "within hearing distance", does not define the actual distance, the assumption most favorable...

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