PEOPLE v. GAROFOLO


46 N.Y.2d 592 (1979)

The People of the State of New York, Respondent, v. Steven Joseph Garofolo, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 1979.


Attorney(s) appearing for the Case

William M. Simon for appellant.

Patrick Henry, District Attorney (Harry Organek of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge JASEN dissents and votes to affirm in a separate opinion.


FUCHSBERG, J.

This appeal calls upon us to explore two recurring issues involving the safeguards assuring that the constitutional right to counsel is not thwarted. The first is whether the defendant's constitutional right to counsel was impermissibly impeded by the inadequacy of police procedures that delayed communication between the defendant and a lawyer retained on his behalf. The second is whether so-called...

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