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PEOPLE v. ATTONITO

29 N.Y.2d 732 (1971)

The People of the State of New York, Respondent, v. Richard Attonito, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1971.

Attorney(s) appearing for the Case

Matthew Muraskin and James J. McDonough for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order affirmed (see People v. Ronald W. [Anonymous], 24 N.Y.2d 732). In this case the court may not reach the propriety of a defendant's questioning in the absence of counsel. The record does not establish an assignment of counsel in the immediately pending revocation proceeding prior to the questioning by the probation officer. Outside the record submitted there is suggestion that an attorney was assigned solely for the limited...

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