PEOPLE v. BYERS


71 A.D.2d 77 (1979)

The People of the State of New York, Respondent, v. Michael Duane Byers, Appellant

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

November 16, 1979


Attorney(s) appearing for the Case

Richard H. Speranza (Robert Viola of counsel), for appellant.

Aldo L. Di Florio, District Attorney (Shavasp Hanesian of counsel), for respondent.

HANCOCK, JR., J. P., SCHNEPP, DOERR and WITMER, JJ., concur.


CALLAHAN, J.

Defendant was convicted of rape in the first degree (Penal Law, § 130.35, subd 1), and murder in the second degree (Penal Law, § 125.25, subd 3, "felony murder"). He maintains, inter alia, that his confession should have been excluded on the basis that it was the product of an improper continuation of interrogation after he had requested an attorney.

In the course of their...

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