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PEOPLE v. GARCIA

41 N.Y.2d 861 (1977)

The People of the State of New York, Respondent, v. Julio Garcia, Also Known as Pedro Cotto and John Doe Pervugo, Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1977.

Attorney(s) appearing for the Case

Daniel J. Bernstein and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Bruce M. Tenenbaum of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in an opinion.

Order affirmed on the opinion by Presiding Justice HAROLD A. STEVENS at the Appellate Division (51 A.D.2d 329).

FUCHSBERG, J. (dissenting).

In my judgment, the defendant was deprived of his fundamental right to a fair trial, both because (1) his privilege against self incrimination (NY Const, art I, § 6; US Const, 14th Amdt) was violated in the manner so well stated by Mr. Justice LOUIS J. CAPOZZOLI in...

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