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PEOPLE v. SAYERS

28 A.D.2d 227 (1967)

The People of the State of New York, Appellant, v. Bruce B. Sayers and Ronald G. Trevail, Respondents

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

November 17, 1967.

Attorney(s) appearing for the Case

M. Andrew Dwyer, Jr., District Attorney (John J. Sweeney, Jr., of counsel), for appellant.

Ungerman & Harris (Joseph Harris of counsel), for respondents.

Thomas J. O'Connor, Public Defender, amicus curiæ.

GIBSON, P. J., AULISI and STALEY, JR., JJ., concur in opinion Per Curiam; HERLIHY and GABRIELLI, JJ., dissent and vote to reverse in separate opinions, in which each concurs.

Per Curiam.

Appeal is taken from an order of the County Court of Rensselaer County which granted defendants' motion to suppress, upon their retrial, their allegedly involuntary confessions (Code Crim. Pro., § 813-g).

It seems to be undisputed that the confessions were without the constitutional guidelines subsequently established for custodial interrogation by Miranda v. Arizona (

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