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  5. 26 N.Y.2d 658 (1970)
 

PEOPLE v. DAUGHERTY

26 N.Y.2d 658 (1970)

The People of the State of New York, Respondent, v. Frank J. Daugherty, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Louis J. Casella, Public Defender (John E. Murray of counsel), for appellant.

Stephen Smyk, District Attorney (Stephen E. Powers of counsel), for respondent.

Concur: Judges SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge BURKE dissent and vote to reverse and order a new trial on the ground that the statement made by defendant in the absence of counsel should not have been received in evidence (People v. Arthur, , 329). Taking no part: Judge GIBSON.

Judgment affirmed...

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