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PEOPLE v. SAYERS

22 N.Y.2d 571 (1968)

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

Court of Appeals of the State of New York.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Con G. Cholakis, District Attorney (David T. Garvey of counsel), for appellant.

Joseph Harris for respondents.

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

Judges SCILEPPI, BERGAN and JASEN concur; Chief Judge FULD and Judges BURKE and BREITEL dissent and vote to affirm on the prevailing opinion at the Appellate Division.

KEATING, J.

Bruce B. Sayers and Ronald G. Trevail were adjudicated youthful offenders on January 25, 1966. The Appellate Division (Third Dept.) reversed the adjudications because of the improper cross-examination of one of the defendants. A new trial was ordered (26 A.D.2d 736).

The defendants moved to suppress the use of their confessions on retrial (Code Crim. Pro...

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