PEOPLE v. GARY


31 N.Y.2d 68 (1972)

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

Court of Appeals of the State of New York.

Decided July 6, 1972.


Attorney(s) appearing for the Case

Benjamin Heinrich, Robert Kasanof and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Martin I. Saperstein of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


GIBSON, J.

The issue presented by this appeal arises upon defendant-appellant's contention that inasmuch as he had once indicated, when first taken into police custody, that he did not wish to make a statement, the authorities were precluded from thereafter seeking to elicit information from him, after again advising him of his Miranda rights.

Defendant was convicted, upon his plea of guilty, of...

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