PEOPLE v. LIVINGSTON


22 A.D.2d 650 (1964)

The People of the State of New York, Respondent, v. Albert Livingston, Appellant

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

October 8, 1964


Judgment of conviction for the crime of burglary in the second degree (Penal Law, § 403) based upon a verdict after a jury trial unanimously affirmed.

The sworn testimony does not establish that defendant was deprived of his right to counsel. The uncontradicted evidence is that his interrogation ceased when he asked for counsel. Consequently, the rule in People v. Donovan (13 N.Y.2d 148) does not apply. Nor does that...

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