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PEOPLE v. BABCOCK

91 Misc.2d 921 (1977)

The People of the State of New York, Plaintiff, v. Brian Babcock, Defendant.

County Court, Trial Term, Albany County.

November 2, 1977

Attorney(s) appearing for the Case

Douglas P. Rutnik, Public Defender (John J. Doherty, Jr., of counsel), for defendant. Sol Greenberg, District Attorney (Diane Dubiac of counsel), for plaintiff.

JOSEPH HARRIS, J.

This case presents the issue as to whether an accused, in custody after the filing of an accusatory instrument against him in a local criminal court, but prior to his arraignment thereon, and prior to the actual entry of counsel in the case, can, in the absence of counsel, waive his right to remain silent and his right to counsel.

Put another way, it is clear from People v Hobson...

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