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PEOPLE v. TOMPKINS

60 A.D.2d 875 (1978)

The People of the State of New York, Appellant, v. Randolph Peter Tompkins, Respondent

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

January 16, 1978

Order reversed, on the law, motion denied, and case remanded to the County Court for further proceedings not inconsistent herewith.

The issue is whether defendant's statements to the police were properly suppressed on the ground that he could not waive his right to counsel in the absence of previously engaged counsel. The hearing on which the present suppression order is based was held before a Judge of the County Court...

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