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PEOPLE v. MUNLIN

45 N.Y.2d 427 (1978)

The People of the State of New York, Appellant, v. Shelton Munlin, Respondent.

Court of Appeals of the State of New York.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (William C. Donnino, Anthony J. Girese and Marshall Trager of counsel), for appellant.

Dwight D. Kraemer for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN concurs in result only.

WACHTLER, J.

The defendant was arrested for attempted burglary together with Kevin Harvey and Eric Eason. At the time of the arrest the police seized certain evidence from their car and obtained statements from the defendant without advising him of his rights. Later at the station house, after being advised of his rights the defendant stated that he wanted an attorney and that he did not wish to answer any questions...

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