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PEOPLE v. MACEDONIO

42 N.Y.2d 944 (1977)

The People of the State of New York, Respondent, v. Carl Macedonio, Appellant.

Court of Appeals of the State of New York.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Gerald J. Callahan, John F. Middlemiss, Jr., and Leon J. Kesner for appellant.

Henry F. O'Brien, District Attorney (Kevin J. Crowley of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Once the lawyer entered the criminal proceeding representing the defendant in connection with criminal charges under investigation, it was impermissible to question defendant in custody and in the absence of his attorney (People v Ramos, 40 N.Y.2d 610, 614; People v Hobson, 39 N.Y.2d 479<...

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