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PEOPLE v. BLASINGAME

65 A.D.2d 455 (1978)

The People of the State of New York, Respondent, v. Samuel Blasingame, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1978

Attorney(s) appearing for the Case

Candee & Hilpert (Richard S. Candee of counsel), for appellant.

Carl A. Vergari, District Attorney (Carl J. Rubino, Jr., and Cheryl K. Kosan of counsel), for respondent.

MOLLEN, P. J., and HOPKINS, J., concur with TITONE, J.; O'CONNOR, J., dissents and votes to affirm the judgment, with an opinion, in which HAWKINS, J., concurs.

TITONE, J.

The question presented on appeal is whether the right to counsel after arraignment may be waived by a defendant in police custody where, although no counsel was either retained or assigned at arraignment, a statement was made in open court by defendant's father that counsel was to be retained imminently. Contrary to the position taken by the trial court,...

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