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PEOPLE v. BOOKER

66 A.D.2d 474 (1979)

The People of the State of New York, Respondent, v. William Booker, Jr., Appellant

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

February 28, 1979

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Brian Shiffrin of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Kenneth Fisher of counsel), for respondent.

MOULE, J. P., and HANCOCK, JR., J. concur with DILLON, J.; CARDAMONE and SIMONS, JJ., dissent and vote to reverse the judgment and dismiss the indictment in an opinion by SIMONS, J.

DILLON, J.

Defendant contends on appeal from a judgment of conviction of criminal possession of a weapon in the second degree that the discovery of the loaded gun on his person was the product of custodial interrogation as that term is defined in Miranda v Arizona (384 U.S. 436). Concededly he was not given the Miranda warnings prior to the police discovery of the...

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