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PEOPLE v. WILLIAMS

65 A.D.2d 826 (1978)

The People of the State of New York, Respondent, v. Mark Williams, Also Known as Mark Stephen Williams, Appellant

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

November 27, 1978

Judgment reversed, on the law, and new trial ordered. Defendant, arrested pursuant to an indictment, orally waived his Miranda rights and made certain statements to the arresting officers.

The waiver and the statements were made in the absence of counsel. Under these circumstances, the statements should have been suppressed. Any incriminating statement made after arraignment or indictment, in the absence of counsel...

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